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Utilities Sector › State Constitutions

Bodman

Michigan Supreme Court Holds that a Tax Cannot be Disguised as a Franchise Fee in Violation of Headlee

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The Michigan Supreme Court released an opinion yesterday holding that a municipality may not disguise a tax by imposing a utilities franchise fee upon consumers through a utilities franchise agreement when that agreement...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Sewer System Repairs/Exaction: Arkansas Supreme Court Addresses City of Blytheville Fee

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The Arkansas Supreme Court in a February 6th opinion addressed whether a $5.00 fee assessed by the City of Blytheville, Arkansas (“Blytheville”) constituted an illegal exaction in violation of the Arkansas Constitution. See...more

Mitchell, Williams, Selig, Gates & Woodyard,...

South Carolina Surface Water Withdrawal Act: State Supreme Court Addresses Constitutional Challenge

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The Supreme Court of South Carolina considered the constitutionality of the registration provisions of its Surface Water Withdrawal Act (“Act”). See Jowers v. South Carolina Dept. of Health and Environmental Control, 2017 WL...more

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