Skip to content

menu

Open Legal Blog Archive logo
HomeAboutBlogsFAQsSubmit

Commonwealth Court: Stormwater Fee Not an Impermissible Tax

By Peter Wertz on March 7, 2022
commonwealth court

In its recent decision, Appeal of Best Homes DDJ, LLC, 239-40 C.D. 2020 (Dec. 23, 2021), the Pennsylvania Commonwealth Court considered, among other issues, whether MS4 fees imposed by the City of Chester Stormwater Authority constituted an impermissible tax. The case involved a challenge by certain rate/fee-payers that the Authority’s “fees” were actually “taxes” because, according to Appellants, the fees were revenue-generating and used for projects unrelated to stormwater management. Holding in favor of the Authority, the Court concluded that the evidence presented by the Appellants was insufficient to meet their burden of proving that the fees were invalid. The Court’s decision is important because it outlines the significant fact evidence required to overturn a stormwater user fee. A full explanation of the Court’s decision, including other legal challenges brought against the Authority, can be found HERE on our State and Local Tax Blog.

  • Posted in:
    Real Estate & Construction
  • Blog:
    McNees Land Use Blog
  • Organization:
    McNees Wallace & Nurick LLC
  • Article: View Original Source

Open Legal Blog Archive, Inc. logo
Seattle, Washington
Copyright © 2026, Open Legal Blog Archive, Inc. All Rights Reserved.
Law blog design & platform by LexBlog LexBlog Logo