After several years of legal action the Supreme Court of Ohio has set an oral argument date for Northeast Ohio Regional Sewer District (NEORSD) v. Bath Township, et al – September 9th at 8:30am.
A brief recap of how this case arrived at the State of Ohio’s highest court:
•January 2010 – the NEORSD unilaterally decides to charge all customers (from residential homes to commercial properties) for stormwater management. The fees are based on how much impervious surfaces space (i.e. parking lots) is on their property. Several municipalities and commercial property associations, including BOMA Greater Cleveland, challenged the NEORSD’s authority to implement such a program immediately.•July 2012 – the NEORSD is successful in defending their stormwater management plan. After a three year delay the NEORSD begins collecting the stormwater fee effective January 1, 2013.•In September of 2013 the Court of Appeals Of Ohio, Eighth Appellate District, overturns the ruling that recognized the NEORSD’s authority to implement a stormwater management program. Fee collection stops after they have already received $17 million from district customers. The money that has already been collected is now in an escrow account and will be returned with interest should the Supreme Court of Ohio rule against the NEORSD.The Supreme Court of Ohio has the ability to decide what arguments it will consider on any case. In this case they are focusing on: 1) whether the NEORSD, according to the Ohio Revised Code, has the authorization to manage stormwater that isn’t combined with sewage and 2) whether or not authority to operate stormwater management facilities also authorizes the NEORSD to implement a district-wide stormwater management plan.Also central to the argument against the NEORSD’s proposed stormwater management program is that the fee itself is an unlawful tax. Amicus curiae (“friend of the court”) briefs were filed by third parties (the 1851 Center for Constitutional Law and Ohio Real Estate Investors) to show the far-reaching negative implications of the NEORSD’s tax and plan.