Condominium association, which operated condominium complex that included over 200 individually owned townhomes that were not individually metered for water services, brought action against water and sewer authority, challenging method for calculating charges for stormwater runoff based on impervious surface area of property and seeking declaratory and injunctive relief.
On cross motions for summary judgment, the Superior Court granted authority’s motion for summary judgment. Association appealed.
The Court of Appeals held that:
- Authority failed to provide sufficient explanation showing rational connection between how property was metered for water and that property’s assessed charge for its impervious surface area pursuant to regulation, and thus, remand was required, but
- Entry of summary judgment in favor of condominium association was not warranted.