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Protecting Stormwater Utilities From Lawsuits

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Abstract:

The creation of new stormwater utilities in Michigan came to a halt in 1998 when the Michigan Supreme Court ruled in the case of Bolt v. Lansing (also known as the Bolt Opinion) that the Lansing, Michigan stormwater utility did not meet the three-part test for establishing a valid user fee. In 2011 Jackson became the first community in Michigan to implement a new stormwater utility since the Bolt Opinion. Jackson's stormwater utility was designed to comply with the three-part test guidance given in the Bolt Opinion.

This paper summarizes the steps that the City followed to comply with the Court's user fee requirements.

Document Type: Research Article

DOI: https://doi.org/10.2175/193864712811741115

Publication date: 2012-01-01

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