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Lawsuit says new Pleasant Grove utility fee is an unconstitutional way to avoid appearance of raising taxes and ‘piss off the public’

A new lawsuit says Pleasant Grove’s latest attempt to generate funds for road maintenance “is a tax disguised as a fee” — and is therefore illegitimate and illegal based on Utah’s constitution, state statute and court opinions.

The Libertas Institute, a libertarian-leaning Utah think tank, filed the lawsuit late Tuesday in 4th District Court. The group hopes the case will result in a precedent that would affect several other cities that have instituted similar policies — including Provo, Vineyard, Highland, North Ogden, Mapleton and South Weber.

“Historically, cities have always [raised road revenues] through taxes,” said Connor Boyack, president of the Libertas Institute.