Northeast Ohio Regional Sewer District v. Bath Township, Ohio. et al.

On September 15, 2015, the Ohio Supreme Court issued a ruling upholding the Northeast Ohio Regional Sewer District's (NEORSD) municipal stormwater management program and fee. In the 5-2 decision , the majority held that "the issues in this case are exceedingly straightforward: (1) is the Sewer District's regional stormwater management program authorized by statute and by its charter and (2) is the attendant fee structure authorized by statute and by the charter. We answer both questions in the affirmative."

In December 2015, the Ohio Supreme Court denied a request for reconsideration of its September ruling.

NACWA joined with the Association of Ohio Metropolitan Wastewater Agencies (AOMWA) to file a brief  in the case supporting NEORSD. The court's decision not only affords legal recognition and protection for NEORSD's stormwater management program but also provides positive precedent that will benefit utilities managing stormwater nationwide.

Background
The legal dispute over NEORSD's authority for the program and related stormwater fee reached all the way to the state Supreme Court after conflicting decisions by two lower courts. NEORSD was successful  in defending its stormwater fee program at the state trial court level. However, the September 2013 state appellate court ruling  held that NEORSD had no authority to enact its Regional Stormwater Management Program (SMP) and was, therefore, enjoined from implementing the program. The court further held that NEORSD lacked requisite authority under state statute or the District's Charter to enact a stormwater fee and is enjoined from implementing, levying and collecting such fee. NEORSD appealed that decision to the state supreme court.

NACWA's Involvement
NACWA's amicus brief argued that the increasing complexity and cost of municipal stormwater regulations necessitate a more affordable, equitable, and effective method for utilities to manage and charge for stormwater services. Accordingly, NACWA highlights the importance of providing legal recognition and protection for stormwater management programs like the one developed by NEORSD, including the ability for utilities to fund such programs.

NACWA remains concerned with the growing number of local challenges to stormwater utility charges. NACWA has aggressively defended municipal stormwater programs and fee systems in the past and will continue to do so moving forward. NACWA is committed to working with impacted member utilities to push back against lawsuits that address the broader fee vs. tax question, many of which incorrectly allege that impervious surface fees are illegal taxes.

Rulings/Pleadings (All in  format)

Court of Common Pleas, Cuyahoga County, OH

• Trial Court Decision, 02/15/2012

Court of Appeals, Cuyahoga County, OH

• Appellants Opening Brief, 11/19/2012
• NEORSD Opening Brief, 01/04/2013
• NACWA Amicus Brief, 01/04/2013
• Appellants Reply Brief, 02/13/2013
• Appellate Court Decision, 09/26/2013

Ohio Supreme Court

• NEORSD Appeal to Ohio Supreme Court, 11/12/2013
• Joint NACWA/AOMWA Amicus Brief to Ohio Supreme Court, 11/12/2013
• Municipal Opposition Brief, 12/12/2013
• Property Owners Opposition Brief, 12/12/2013
• Joint NACWA/AOMWA Merits Brief to Ohio Supreme Court, 05/12/2014
• NEORSD Merits Brief – Ohio Supreme Court, 05/12/2014
• State of Ohio Amicus Brief – Ohio Supreme Court, 05/12/2014