On April 30, 2026, the Pennsylvania Supreme Court issued a significant decision in Borough of West Chester v. Pennsylvania State System of Higher Education,[1] holding that the Borough’s stormwater charge is a tax — not a valid fee for service — and therefore cannot be collected from a state university immune from taxation. The ruling has immediate implications for property owners receiving stormwater bills and for the many Pennsylvania municipalities that rely on stormwater charges to fund Clean Water Act compliance and related local infrastructure.
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