(WDNG) – Two Anniston residents have filed a lawsuit against the City of Anniston that argues stormwater user fees are unconstitutional. Former city council member Ben Little and Ralph Bradford are listed as plaintiffs in the lawsuit that challenges the city’s recently adopted stormwater user fees.
According to the lawsuit filed in Calhoun County Circuit Court on Friday, plaintiffs argue the fee is a tax levied on top of property taxes and is unconstitutional. The Anniston City Council in July adopted an ordinance that levies an annual $10 fee on residential property owners and establishes a Stormwater Enterprise Fund.
According to a copy of the ordinance, the city used changes to state laws that allow counties or municipalities to establish public corporations that address compliance with EPA regulations related to storm water runoff. City officials have estimated the stormwater user fees could generate $300,000 that are earmarked for the city’s drainage infrastructure. Friday’s lawsuit argues citizens are not responsible for acts of God.