EL PASO, Texas -- A federal judge Monday denied the request of the El Paso Apartment Association for injunctive relief that would have prevented the Public Service Board from imposing or collecting storm water fees on their properties.

Apartment owners filed a suit against the board and the City of El Paso about a week ago.

The lawsuit charged that stormwater fees were unconstitutional, unreasonable and unlawful.

Apartment owners feared water would be turned off and that unfair fees currently assess would not be refunded.

For that reason a request for a temporary restraining order that would prevent the collection of stormwater fees but the judged said they failed to prove they had suffered immediate or irreparable harm.

The apartment association state the injunction was denied after PSB and city representatives agreed that fees will be refundable if EPAA prevails in the suit and that water will not be turned off on any property that is appealing the fee.