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

Back to TopPrintE-mail
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.

Back to Events
Sponsored by
Subscribe to Indiana Lawyer
  1. Freedom From Religion Foundation: If you really want to be free from religion, don't go to the Christmas Play or the Christmas Pageant or the Christmas Parade. Anything with "Christ" or Saint...fill in the blank...would be off limits to you. Then leave the rest of us ALONE!

  2. So the prosecutor made an error and the defendants get a full remedy. Just one short paragraph to undo the harm of the erroneous prosecution. Wow. Just wow.

  3. Wake up!!!! Lawyers are useless!! it makes no difference in any way to speak about what is important!! Just dont tell your plans to the "SELFRIGHTEOUS ARROGANT JERKS!! WHO THINK THEY ARE BETTER THAN ANOTHER MAN/WOMAN!!!!!!

  4. Looks like you dont understand Democracy, Civilized Society does not cut a thiefs hands off, becouse now he cant steal or write or feed himself or learn !!! You deserve to be over punished, Many men are mistreated hurt in many ways before a breaking point happens! grow up !!!

  5. It was all that kept us from tyranny. So sad that so few among the elite cared enough to guard the sacred trust. Nobody has a more sacred obligation to obey the law than those who make the law. Sophocles No man is above the law and no man is below it; nor do we ask any man's permission when we ask him to obey it. Obedience to the law is demanded as a right; not asked as a favor. Theodore Roosevelt That was the ideal ... here is the Hoosier reality: The King can do no wrong. Legal maxim From the Latin 'Rex non potest peccare'. When the President does it, that means that it is not illegal. Richard Nixon