Ill. Village Stormwater Fee Not A Tax, Appeals Court Affirms

By Paul Williams (July 29, 2019, 7:05 PM EDT) -- An Illinois village has the authority to impose a stormwater fee based on the amount of a property's impervious surface, a state appeals court recently ruled in rejecting a resident's argument that the fee was an unconstitutional tax.

A three-judge panel for the Appellate Court of Illinois, First District, on Friday unanimously affirmed a lower court decision that found the village of Winnetka's stormwater utility fee didn't constitute a tax because the revenue generated from the charge was solely used to fund the municipality's stormwater system. The village had adopted the fee under a 2014 ordinance to pay for debt and...

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