Zweig v. Metro. St. Louis Sewer Dist.Annotate this Case
After the Metropolitan St. Louis Sewer District (MSD) implemented a stormwater user charge without prior voter approval, William Zweig and other named plaintiffs, on behalf of themselves and a class of similarly situated ratepayers (Ratepayers), filed a complaint against MSD, claiming MSD's action violated Mo. Const. art. X, 22(a), which prohibits political subdivisions from levying any new or increased tax, license or fees without prior voter approval. The trial court (1) declared MSD's action unconstitutional, enjoined future collection of the charge, and ordered MSD to pay the Ratepayers' attorneys' fees and expenses; and (2) refused to order MSD to pay damages or refund charges already collected. The Supreme Court affirmed the trial court's judgment in all respects, holding that the trial court did not err in (1) concluding that MSD levied the stormwater usage charge without prior voter approval in violation of section 22(a) and in awarding Ratepayers' attorneys' fees and expenses; and (2) refusing to enter a money judgment against MSD for the amounts already collected.