Steeplechase Village, Ltd. v. Columbus

Citations

• 2020 Ohio 7012

Syllabus

The trial court did not err in granting summary judgment in favor of defendant-appellee, the City of Columbus (the \City\.) No genuine issue of material fact existed as to whether appellant was properly subject to section 1149.03 of the Columbus City Code and the trial court did not err by failing to enforce the plain language of this section. Appellant failed to provide any evidence that showed the ERU methodology utilized by City in assessing stormwater charges fails to result in reasonably determining \the cost of providing stormwater service to each user in such a manner that the allocated costs are proportionate to the cost of providing stormwater service to that user\ as prescribed by 1149.03. Furthermore, the trial court properly found that the stormwater charges imposed by the City on the property of appellant were fees and not taxes and did not err in making this finding. Neither did the trial court err in finding that appellant was not entitled to a refund of stormwater service charges. Finally, the trial court properly found that appellant was not entitled to either a preliminary or a permanent injunction. Judgment affirmed.