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Court upholds Blackfoot sewer fees

The Idaho Supreme Court has ruled that Blackfoot’s sewer fee structure is appropriate and lawful.

In a November decision, the court affirmed a lower court decision in favor of the city.

According to court documents, Manwaring Investments sued the city in October 2014 alleging the city’s charge for wastewater utilities violated the Idaho Revenue Bond Act. The suit charged the fees were an unlawful tax and violated Manwaring’s right to due process.

The magistrate court ruled in favor of the city. Manwaring then appealed to district court, which affirmed the lower court decision.

When Manwaring appealed to the Idaho Supreme Court, the Court ruled the city’s wastewater utility rate did not violate the revenue bond act. It decided Manwaring failed to show the rate was not “reasonably related to the benefit conveyed” and that the fees did not inappropriately use money for revenue raising purposes.

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