Texas Appeals Court Revives Church’s Unlawful Water Tap Fee Case

Governmental immunity can’t shield a municipal utility district and its directors from a church’s legal challenge alleging unlawfully collected taxes that were “under the guise of ‘tap fees,’” a Texas appeals court ruled Thursday.

Grace Community Church said it received a quote from the Southern Montgomery County Municipal Utility District for over double the actual cost of installation of a “tap” for water service, an abnormally large fee according to the opinion. The church filed a complaint against the district, as well as five individual officials with the district, citing violations of the Texas Religious Freedom Restoration Act and ...