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The post below was published on Tuesday, October 26th, 2010 at 7:59 AM.

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Fifth District: Municipal User Fees

Local government lawyers, here is a case that may be up your alley.

In connection with wastewater services, Orange County imposes a “readiness-to-serve” user fee based on the size of a customer’s water meter. Customers who used 2.5-inch meters for their normal water use sued the county after the county assessed their fees based on their secondary 8-inch meters. The secondary meters were connected to the customers’ fire systems and were essentially unused except in the event of a fire or a sprinkler test.

The Fifth District explained that utility fees have been upheld for services regardless of whether an individual customer actually uses or desires a service, and finding this particular fee not arbitrary, unreasonable, or discriminatory, upheld it.

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