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District solicitor says Pennsylvania Supreme Court ruled stormwater fee a tax; recommends seeking refund
Summary
Solicitor Rebec told the Kiski Area School District board that the Pennsylvania Supreme Court found a stormwater fee to be a tax and urged the district to request return of funds from the municipality; he also noted Act 41 advanced in the legislature and referenced Coleman v. Parkland when discussing agenda postings.
The Kiski Area School District solicitor told the board that the Pennsylvania Supreme Court ruled a municipality'imposed stormwater fee is a tax and recommended the district demand return of amounts it paid.
"I would make a request to the district that they make a demand back to the municipality requesting that that money be returned in some fashion," solicitor Mr. Rebec said during his report. He added that the district had paid the fee under protest and should pursue a remedy ‘‘in some fashion’’ depending on how the municipality accounted for the receipts.
Rebec was explicit about the legal development and how it intersects with district finances: "Just find out exactly what's happening. Now there's a rule that it is a tax and illegally solicited." He urged the district to consider pursuing recovery to help fill budget gaps.
The solicitor also cited Act 41, which he said was approved in the state House: "That is to have a separate playoff for private and public schools," he said, adding the board would monitor the bill as it moves to the Senate.
On agenda-posting practice, Rebec referenced Coleman v. Parkland in explaining why the district had listed personnel matters in a way some members of the public found hard to review in advance. A public commenter had urged more transparency; the solicitor said the district's approach complied with legal guidance.
The board did not vote on a specific recovery action during the meeting; Mr. Rebec suggested making a demand to the municipality and discussed the potential for further legal steps.
