• Appellate Court Invalidates NEORSD's Regional Stormwater Management Program
  • October 1, 2013
  • Law Firm: Walter - Cleveland Office
  • On September 26, 2013, the Eighth District Court of Appeals of Ohio released its decision invalidating the Northeast Ohio Regional Sewer District's Regional Stormwater Management Program. In a 2-to-1 decision, with Judge Sean C. Gallagher authoring the opinion, the Court found that the Sewer District's Program exceeded the express statutory authority granted to the District under Ohio Revised Code Chapter 6119 and the authority conferred upon the District under its Charter. Further, the Court found that the District had no authority to enact the Stormwater Fee.

    Reversing the trial court's decision, the Appellate Court granted a permanent injunction against implementation of the Regional Stormwater Management Program, as well as the levying and collecting of the Stormwater Fee.

    The Court did not reach the issue of whether the Stormwater Fee is a tax, rather than a service fee, nor did it reach any of the Constitutional arguments raised by the appellants in the case. Also, the Court did not address the question of Stormwater Fees that have already been paid to the Sewer District.

    If it chooses to do so, the Sewer District may attempt to seek review of the decision by the Ohio Supreme Court.