• E-mail
• Print
• Comment
• Font Size
• Digg
• del.icio.us
• Discuss article

Circuit Judge Says Storm Water Management Authority Failed to Follow the Law in Proposed Fee Increase of 140%

Posted on: Thursday, 9 August 2007, 18:03 CDT

BIRMINGHAM, Ala., Aug. 9 /PRNewswire/ -- A Jefferson County Circuit Judge ruled today that the Storm Water Management Authority (SWMA) violated statutory requirements when it attempted to impose a 140% increase in the fees it charges area county and municipal residents.

An attorney for the Business Alliance for Responsible Development (BARD), one of the parties which filed suit to contest the fee increase, said the business group is pleased with today's outcome and will continue to pursue a ruling regarding SWMA's practice of performing unauthorized activities and programs outside its enabling legislation.

"Judge King's ruling today recognized that the Stormwater Management Authority failed to give the general public a meaningful opportunity to be heard prior to passing a fee increase of nearly $30 million over the next ten years. This is a good day for Birmingham area citizens," Rob Fowler of Balch & Bingham, LLP, attorney for the plaintiffs said.

The Greater Birmingham Association of Home Builders, Senator E.B. McClain and Mayor Ed May of Bessemer joined BARD as plaintiffs in the lawsuit.

SWMA's board of directors passed the proposed fee increase on September 27, 2005. The increase would have raised the fee paid by area residents by 140%, an additional $2,917,598 per year, or approximately $30 million over the 10-year period for which the increase was approved.

Although SWMA rescinded the fee increase one day after the plaintiffs filed suit, the agency maintained that it was not required to follow statutory requirements for public notice and public hearings before putting the increase in place.

Circuit Judge Tom King, Jr. disagreed. His ruling found: Defendants violated Alabama Code Section 11-89C-4(b), which required SWMA's Board, prior to adopting the proposed fee increase, to provide notice of the proposed fee increase and hold a public hearing to allow the "public and interested parties an opportunity to offer written comments, and to present testimony and evidence in support of their respective positions." Ala. Code Section 11-89(c)-4(b)(1). Buy failing to provide statutorily required public input prior to adopting the proposed fee increase, SWMA impacted the Plaintiffs' and the general public's right to participate in the decision- making process. ... This Court hereby DECLARES that SWMA failed to comply with Alabama Code Section 11-89C-4(b) prior to adopting the pro forma fee increase ordinances at issue in this case and ORDERS SWMA to comply with Alabama Code Section 11-89C-4(b) in the future prior to adopting, recommending, or prescribing any other pro forma ordinances, regulations, resolutions, rules, procedures, or remedies of general applicability to its member governing bodies."

Fowler said BARD and the other plaintiffs would continue to seek a ruling that curtails other actions by SWMA, which are not authorized by the legislation that created the agency.

"We are pleased with this victory today, but we will continue to work to ensure that SWMA abides by the law and stays within the role carved out for it by the Alabama Legislature," Fowler said.

The Business Alliance for Responsible Development is comprised of area businesses that seek to ensure that central Alabama continues to grow economically without sacrificing the environment in the process.

The Business Alliance for Responsible Development

CONTACT: Rob Fowler for The Business Alliance for ResponsibleDevelopment, +1-205-226-8733

Source: PRNewswire

More News in this Category