Laramie County School District No. 1 authorizes advocacy and potential litigation over Cheyenne stormwater fee

The Laramie County School District No. 1 Board of Trustees voted to adopt a resolution authorizing continued advocacy and potential litigation regarding the City of Cheyenne27s stormwater fee.

Board members said the municipal ordinance (identified in the discussion as creating Cheyenne Municipal Code chapter 13.32) would impose a new stormwater user fee on developed properties, including tax-exempt public properties. In the board27s estimate, the fee could create an unfunded annual burden for the district of about $230,000.

"This is money that would be diverted from direct support of students," the board representative stated during the presentation of the resolution. The statement summarized the board's legal and fiscal concerns, including whether the fee constitutes a tax requiring voter approval under Wyoming statutory provisions referenced during the meeting (the transcript cites Wyoming statute 16-10-105 in connection with the board27s legal concerns).

Trustee Hinkle said the fee would affect the district27s ability to add or maintain hard-surface amenities such as basketball or tennis courts because of the ongoing annual costs tied to new impervious surfaces. "We still have mitigation ponds on newer properties and they do not appear to be factored into fee calculations," Hinkle said, urging the board to seek adjustments for properties with existing stormwater infrastructure.

Board members instructed district staff, in consultation with legal counsel, to continue communicating with city officials, participate with other public entities and stakeholders seeking reconsideration or delay of the fee, and to prepare and file legal action if necessary to determine the fee's legality and applicability. Legal counsel advised that, once signed, the adopted resolution would be posted to the district website the following morning to make it publicly available.

The board adopted the resolution by voice vote. Board leaders noted that, because the city had pending litigation on this matter, city officials had been advised not to speak publicly at this time.

Next steps: district administration will continue discussions with city officials, coordinate with other affected public entities, and work with legal counsel on potential filings to clarify the fee27s application to district properties.