Pocono News Section

Levee fee lawsuit

Levee fee lawsuit - Monday, July 13, 2009 at 5:47PM EST

Monday, Jul 13, 2009 @ 05:47pm EST

Some people in Luzerne County are not happy about a new levee fee.

They're so mad, they're suing.

This fee would help maintain the county's river levee system.

People involved with this lawsuit say it should be thrown out because it's unfair and unlawful.

Joseph Orzechoski of Kingston says his opinion is simple.

"It's not fair. It's a fee that everyone who is affected in the flood zone should be paying," said Orzechoski.

Orzechoski and six other homeowners are joining the municipality of Kingston in this lawsuit.

The lawsuit says the authority violates state law.

The law basically says you can't charge some people serviced by facilities while excluding some.

"Tax everyone. Then you would bring that hundred dollars or forty five dollar tax down to a reasonable amount to twenty or twenty-five dollars per household. That would be a fair assessment," said Orzechoski.

The levee fee applies to everyone in Luzerne County 's Agnes flood plain.

Orzechoski says water from communities runs through the authorities facilities.

The lawsuit says water from communities outside the flood plain run through pumping stations and catch basins.

County leaders say this lawsuit likely won't stop the levee fee from showing up in mailboxes of homes in Luzerne County ’s Agnes flood plain.

For homeowners like those in the lawsuit, that could mean paying 93 dollars a year.

You will pay more if you own a business.

A hearing date hasn't been set for a ruling on this lawsuit.