Green v. Village of Winnetka

Illinois Appellate Court
Civil Court
Utilities
Citation
Case Number: 
2019 IL App (1st) 182153
Decision Date: 
Friday, July 26, 2019
District: 
1st Dist.
Division/County: 
Cook Co., 6th Div,
Holding: 
Affirmed.
Justice: 
HARRIS

Plaintiff filed declaratory judgment action alleging that Village’s stormwater utility fee is not a fee but actually a tax that violates Illinois Constitution and Illinois Municipal Code. Statement of village engineer, that the amount of impervious area on a property is directly and proportionally related to an owner’s use of the stormwater system, provides the requisite relationship between impervious area and runoff. Village established a reasonable relationship to support the ordinance and fee. The fact that stormwater fee revenue is spent on capital improvements to stormwater system, and to pay bonds issued for those improvements, does not render fee a tax. Court properly granted summary judgment for Village upon cross-motions for summary judgment by Plaintiff and Village. (DELORT and CUNNINGHAM, concurring.)