The New Braunfels City Council will ask the Texas Supreme Court to review a 3rd District Court of Appeals ruling this month that the city's drainage impact fees are invalid.

The council huddled with its lawyers in an executive session Monday night to decide whether to appeal the case. The city has collected more than $300,000 in the fees from developers since 2005. If the appeals court decision is upheld, the city will have to refund those fees.

"Asking the court to perform a discretionary review does not entail a lot of cost risk to the city," said Mayor Bruce Boyer. "What we really need to know is, what is the city's authority as a home-rule city? The appeals court did not address that."

The court ruled that the city did not follow the state law that allows cities to charge developers an impact fee to address drainage problems caused by their projects.