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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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  1. Wishing Mary Willis only God's best, and superhuman strength, as she attempts to right a ship that too often strays far off course. May she never suffer this personal affect, as some do who attempt to change a broken system: https://www.youtube.com/watch?v=QojajMsd2nE

  2. Indiana's seatbelt law is not punishable as a crime. It is an infraction. Apparently some of our Circuit judges have deemed settled law inapplicable if it fails to fit their litmus test of political correctness. Extrapolating to redefine terms of behavior in a violation of immigration law to the entire body of criminal law leaves a smorgasbord of opportunity for judicial mischief.

  3. I wonder if $10 diversions for failure to wear seat belts are considered moral turpitude in federal immigration law like they are under Indiana law? Anyone know?

  4. What a fine article, thank you! I can testify firsthand and by detailed legal reports (at end of this note) as to the dire consequences of rejecting this truth from the fine article above: "The inclusion and expansion of this right [to jury] in Indiana’s Constitution is a clear reflection of our state’s intention to emphasize the importance of every Hoosier’s right to make their case in front of a jury of their peers." Over $20? Every Hoosier? Well then how about when your very vocation is on the line? How about instead of a jury of peers, one faces a bevy of political appointees, mini-czars, who care less about due process of the law than the real czars did? Instead of trial by jury, trial by ideological ordeal run by Orwellian agents? Well that is built into more than a few administrative law committees of the Ind S.Ct., and it is now being weaponized, as is revealed in articles posted at this ezine, to root out post moderns heresies like refusal to stand and pledge allegiance to all things politically correct. My career was burned at the stake for not so saluting, but I think I was just one of the early logs. Due, at least in part, to the removal of the jury from bar admission and bar discipline cases, many more fires will soon be lit. Perhaps one awaits you, dear heretic? Oh, at that Ind. article 12 plank about a remedy at law for every damage done ... ah, well, the founders evidently meant only for those damages done not by the government itself, rabid statists that they were. (Yes, that was sarcasm.) My written reports available here: Denied petition for cert (this time around): http://tinyurl.com/zdmawmw Denied petition for cert (from the 2009 denial and five year banishment): http://tinyurl.com/zcypybh Related, not written by me: Amicus brief: http://tinyurl.com/hvh7qgp

  5. Justice has finally been served. So glad that Dr. Ley can finally sleep peacefully at night knowing the truth has finally come to the surface.

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