Idaho Supreme Court rules Lewiston stormwater fee an unconstitutional tax

The Idaho Supreme Court has ruled against the city of Lewiston in a lawsuit challenging the city’s stormwater utility fee as an unconstitutional tax because it wasn’t authorized by the state Legislature. The lawsuit, brought by the Lewiston School District, Lewis-Clark State College, Nez Perce County, the Port of Lewiston and the Lewiston Orchards Irrigation District, was successful at the District Court level, but the city appealed; the high court now has upheld District Judge John Bradbury’s ruling invalidating the fee. You can read the court’s unanimous decision here , which was written by Justice Warren Jones.