The firm has filed a petition in Montana federal court seeking class certification for a group of Whitefish residents and commercial businesses who claim the city is using erroneous and excessive rates in calculating water and wastewater impact fees. The litigation seeks to recover fees that “exceed the actual impacts that new development, remodels and renovations have on water and wastewater services” in Whitefish. The lawsuit states that even city officials have acknowledged that the rates being used are inappropriate and unreasonable.
“In this case we believe you can fight City Hall, and we can recover millions of dollars in unlawful fees paid in just the past four years as a condition for granting a building permit,” says the firm’s Mark Kovacich. “By bringing this action we hope the city will adjust those rates to align with reality and properly compensate these property owners.”
The case is Beck et al v. the City of Whitefish, filed in the U.S. District Court, Missoula Division.