Judge Rules Against Storm Water Management Authority

A Jefferson County, Ala., Circuit Judge ruled today that the county's Storm Water Management Authority (SWMA) violated statutory requirements when it attempted to impose upon residents a 140% fee increase.

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

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

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

The board of directors for SWMA passed the proposed fee increase on Sept. 27, 2005. The increase would have had residents paying 140% more per year in storm water fees, totaling an additional $2,917,598 per year, or approximately $30 million over the 10-year period for which the increase was approved.

SWMA repealed the fee increase one day after the plaintiffs filed suit, but BARD maintains that it was not required to follow statutory requirements for public notice and public hearings before putting the increase in place.

"By 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."

"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.

Source: The Business Alliance for Responsible Development