Missouri Court of Appeals, Southern District / Date unavailable
ADAM BINGHAM and IDA BINGHAM, Appellants v. PHELPS COUNTY PUBLIC WATER SUPPLY DISTRICT #4, Respondent
Adam and Ida Bingham challenged property liens filed by Phelps County Public Water Supply District #4 for unpaid sewer charges, arguing the charges were unauthorized taxes under the Hancock Amendment. The circuit court found the charges did not violate the Hancock Amendment, denying the Binghams' claim for attorney's fees. On appeal, the Southern District affirmed, holding that the sewer charges were user fees, not unauthorized taxes, because they were tied to the use of the service by connected properties and disconnection was possible.