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First impression in utility fee case

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In a matter of first impression, the Indiana Court of Appeals had to determine whether the Indiana Utility Regulatory Commission properly reviewed the rates and fees charged by a regional sewage district at the request of a campground owner.

LaGrange County Regional Utility District v. Jerry and Sandy Bubb, owners of Gordon's Campground, No. 93A02-0905-EX-442, was the first time a campground owner utilized a 2005 statute that let an owner request the IURC review the fees charged by certain regional utility districts, including regional sewage districts.

Indiana Code Section 13-26-11-2.1 also provides when a request is made, the IURC's appeals division (CAD) will conduct an informal review, including a "prompt and thorough investigation of the dispute."

The Bubbs sent a letter to the IURC in March 2006 asking for a review of rates charged by LaGrange County Regional Utility District. In April, the CAD director informed LaGrange's attorney she would be handling the review and the process would be governed by 170 Administrative Code 8.5-2-5 (the rule). Nearly a year later, the CAD director sent a letter to LaGrange saying it received the complaint from the Bubbs and would conduct an informal review pursuant to statute. LaGrange filed a motion to dismiss in April 2007 because it believed the IURC no longer had jurisdiction over the dispute because it didn't complete the review in a timely manner as required by statute or the rule. The motion was denied and in November 2008, the CAD determined LaGrange overcharged the Bubbs and the utility was ordered to reimburse them the difference between the appropriate rate and the rate paid from March 2006 until the order.

On appeal, LaGrange again argued IURC lost jurisdiction because it didn't act in a timely matter pursuant to statute and the rule. The Court of Appeals determined the rule, which specified the timeframe of a review, didn't apply to the IURC because it failed to adopt the rule. Even though the CAD director originally told LaGrange's attorney the rule would apply, the IURC isn't estopped from arguing the rule is inapplicable. LaGrange failed to show it detrimentally relied on the director's statement, wrote Chief Judge John Baker.

The Court of Appeals also found the CAD review and disposition was conducted in a timely manner pursuant to the statute. Even though the dispute could have been handled more quickly than 32 months after the Bubbs originally filed the complaint, there is no specific timeframe within the statute in which the CAD must investigate a complaint and issue an informal disposition. The statute doesn't also say the IURC loses jurisdiction if the CAD fails to resolve the dispute in a timely manner, wrote the chief judge.

The appellate court relied on Hancock County Rural Elec. Membership Corp. v. City of Greenfield, 494 N.E.2d 1294, 1295 (Ind. Ct. App. 1986), because the statutes in either case don't contain language that restrains the IURC from acting if the CAD fails to conduct a prompt investigation, wrote Chief Judge Baker. Also, the statute in the instant case doesn't provide for an adverse consequence or say that the IURC loses jurisdiction if the CAD doesn't conduct a prompt investigation.

If the IURC lost jurisdiction because the CAD failed to complete a timely investigation, that would frustrate the purpose of the statute, he continued. If the IURC was without jurisdiction in the instant case, then the Bubbs would have no recourse to recover the excessive fees.

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  2. Should be beat this rap, I would not recommend lion hunting in Zimbabwe to celebrate.

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  5. All these sites putting up all the crap they do making Brent Look like A Monster like he's not a good person . First off th fight actually started not because of Brent but because of one of his friends then when the fight popped off his friend ran like a coward which left Brent to fend for himself .It IS NOT a crime to defend yourself 3 of them and 1 of him . just so happened he was a better fighter. I'm Brent s wife so I know him personally and up close . He's a very caring kind loving man . He's not abusive in any way . He is a loving father and really shouldn't be where he is not for self defense . Now because of one of his stupid friends trying to show off and turning out to be nothing but a coward and leaving Brent to be jumped by 3 men not only is Brent suffering but Me his wife , his kids abd step kidshis mom and brother his family is left to live without him abd suffering in more ways then one . that man was and still is my smile ....he's the one real thing I've ever had in my life .....f@#@ You Lafayette court system . Learn to do your jobs right he maybe should have gotten that year for misdemeanor battery but that s it . not one person can stand to me and tell me if u we're in a fight facing 3 men and u just by yourself u wouldn't fight back that you wouldn't do everything u could to walk away to ur family ur kids That's what Brent is guilty of trying to defend himself against 3 men he wanted to go home tohisfamily worse then they did he just happened to be a better fighter and he got the best of th others . what would you do ? Stand there lay there and be stomped and beaten or would u give it everything u got and fight back ? I'd of done the same only I'm so smallid of probably shot or stabbed or picked up something to use as a weapon . if it was me or them I'd do everything I could to make sure I was going to live that I would make it hone to see my kids and husband . I Love You Brent Anthony Forever & Always .....Soul 1 baby

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