Q If a utility customer paid a municipality for water and garbage services for the period of May 2007 through December 2017 and it was later determined that the garbage and water services were provided by the county as the individual did not live within the municipal limits, may the customer be refunded for the entirety of the time he/she paid the municipality?

A No, the statute of limitations runs in favor of the municipality, so Section 15-1-29 bars any claims that accrued more than three (3) years prior. A municipality may refund erroneously paid utility fees and charges to a customer when the municipality determines that the utility services were not, in fact, rendered. (Attorney Generalís Opinion to Dorsey, March 16, 2018)