Wpg Sun: Legal challenge of growth fees launched

As the Winnipeg Sun reports:

The Manitoba Home Builders’ Association and Urban Development Institute filed a legal challenge Tuesday, which claims the city lacks the authority to impose the charge….

The outcome of the challenge is tough to predict, since it may depend on whether the court deems the growth charge as a fee or a tax, said Michelle Gallant, a University of Manitoba law professor.

“A fee is paying for something specific you get in return. With a property tax, you’re paying generally to get some services,” said Gallant.

Gallant said a fee typically can’t be seen as covering services already paid for through general taxes.

The first court date is set for Feb. 21 to establish the timeline for the challenge.