City of Indianapolis v. Cox - 7/1/14

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Tuesday  July 1, 2014 
10:00 AM  EST

10 a.m. 49A02-1309-PL-792. In 2005, Appellant City of Indianapolis changed the program through which it required homes that had previously used septic systems to connect to the City's sanitary sewers. Specifically, the city ended its previous "Barrett Law" for funding that work, forgave all outstanding debt under the program, and enacted a different financing program. Appellees Owen Cox, Jr. and Evelyn Cox had paid to have their home connected to the sewers under the Barrett Law system, and they claimed they were being treated unfairly in comparison to those homeowners who had opted to pay for the sewer connection via an installment plan and then had their debt forgiven. They sued the City on behalf of a proposed class. After the Coxes' federal constitutional claims were resolved by a companion case, the case was remanded back to the trial court. That court determined that the manner in which the City changed the program violated Indiana law and ordered the City to pay damages and prejudgment interest to the Coxes and the class. On appeal, the City argues that the Coxes' state-law claims are barred, that the City did not violate Indiana law, and that the Coxes are not entitled to prejudgment interest.

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