EL PASO, TEXAS (KFOX14/CBS4) — A yearslong legal fight over a fee added to El Paso water bills is headed toward another key decision point after an appeals court again sided with the taxpayer who sued the city.

Former state Rep. Joe Pickett, who filed the lawsuit nearly six years ago challenging El Paso’s environmental franchise fee, said he is celebrating his fourth legal win in the case.

On Monday, the 8th Court of Appeals denied the city of El Paso’s request to reconsider an earlier ruling that sided with Pickett.

The case centers on a $6 monthly fee added to El Paso Water bills in 2020 that the appeals court labeled an illegal tax.

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Pickett argues the fee was presented as a way to help pay for street maintenance, but he says the money has been used for other purposes.

“The fee was created for wear and tear in the streets, and we found out they’re not even using it for that. And this fee is now raising about 14 million dollars a year that they’re not even using for what they said they were using it for,” Pickett said.

The city has denied those claims throughout the case.

Julia Spencer reports on Appeals court again sides with taxpayer in City of El Paso water fee lawsuit (Credit: KFOX14)

Pickett said the lawsuit is about more than a single fee and is aimed at ensuring taxpayers know how their money is being used.

“If you need money…come to us and tell us what you need, why, and what for. But I don’t believe that they’re doing that, and again, I don’t think the city council is looking closely at the budget,” Pickett said.

Pickett also said he plans to continue the fight even if the city takes the case to the Texas Supreme Court.

“I am not giving up. I’m ready. It’s wrong what the city’s doing, and the city council and the mayor need to take responsibility for it,” he said.

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The city has not said whether it will pursue another appeal.

In a statement to KFOX14/CBS4, officials said:

The City of El Paso is aware of the Eighth Court of Appeals’ decision denying the City’s motion for rehearing in this matter. The City respects the Court’s decision and will continue to evaluate its appellate options. Because this remains active litigation, the City has no further comment at this time.

The city has 45 days to decide whether to appeal the latest decision.

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