STORMWATER CONNECTION FEE DISTRICTS - IOWA

Interchange Partners, L.L.C. v. City of West Des Moines

Court of Appeals of Iowa - April 18, 2018 - Slip Copy - 2018 WL 1865283

The City of West Des Moines approved and passed Ordinances “to establish the method and requirements for the establishment of individual stormwater connection fee districts to fund the design and construction of certain stormwater drainage facilities on major streets.”

The District Court invalidated the Ordinances, concluding (1) the property does not have the required connection to a city utility, (2) the placement of culverts under the City’s streets does not constitute a city sewer, and (3) the connection fee is not equitably apportioned among all persons in the district benefiting from the culverts. City appealed.

The Court of of Appeals held that:



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