Morningstar v. Bush (Majority)
Annotate this CaseThe board of directors of the City of Hot Springs adopted an ordinance establishing a stormwater utility fund and imposing a stormwater utility fee on municipal utility accounts within the city's corporate limits. Appellants, the mayor and several members of the board of directors, appealed, arguing the circuit court's decision upholding the ordinance was erroneous because (1) the City failed to comply with the authorizing legislation, Ark. Code Ann. 14-235-223(a)(1), when it implemented the fee, and therefore, the fee constituted an illegal exaction; and (2) as the fee constituted a tax, the fee required voter approval. The Supreme Court affirmed, holding that the presumption of constitutionality of the ordinance was not overcome, and therefore, the circuit court did not clearly err in upholding the ordinance.
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