Suit against City of Anniston Dismissed

Rev. Ben Little

A Calhoun County judge has dismissed a former Anniston city councilman's lawsuit that demanded the city repeal its stormwater drainage fees on property owners.

Calhoun County Circuit Judge Brian Howell granted the city's motion Monday to dismiss the lawsuit, filed by former councilman Ben Little and Anniston resident Ralph Bradford. The two filed the lawsuit in January, alleging the city's recently instituted stormwater fees are unconstitutional and cannot be levied on “acts of God.”

According to the order to dismiss, Howell agreed with the city that his court did not have jurisdiction over the complaint due to its allegation that the fees violated the state constitution.

The city's motion to dismiss states that the stormwater fee ordinance was created under the authority of Alabama law. It further states that according to state law, any challenge to the constitutionality of a state statute or municipal ordinance must be served to the Alabama Attorney General — something Little and Bradford's lawsuit failed to do.

The City Council approved the annual fee in July and it was first levied in December. The fee is permitted by a state law, passed in April, which among other things permits cities to recover some of the costs associated with federal stormwater runoff regulations. The law applies only if any man-made structure exists on property, such as a building or a parking lot, and it specifically exempts only utilities and agricultural property from the fee.

The city, which expects to generate $400,000 from the fee this year. The city has allocated the money specifically for stormwater drainage improvement.