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Judges reverse judgment in favor of town in water agreement dispute

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A trial court erred as a matter of law in its interpretation of a disputed section of a water agreement between a real estate developer and the town of Huntertown; as such, the Indiana Court of Appeals reversed partial summary judgment in favor of the town.

Carroll Creek and Huntertown entered into a water agreement in October 2000 in which Carroll Creek would pay for constructing a water main that connects to Huntertown’s water service facility. Carroll Creek could recoup nearly $465,000 of its costs via a water connection charge from certain owners of real estate who connected to the water main.

Those charges led to this lawsuit and appeal, Carroll Creek Development Company, Inc. v. Town of Huntertown, Indiana, 02A03-1307-PL-282. At issue is Section 4.1 of the agreement. The water main will serve real estate in a defined “excess area.” The section states: “In the event any present or future owners of real estate within the excess areas shall, at any time within fifteen (15) years after the date of this Agreement, desire to connect into the Water Main, whether by direct tap or through the extension or connection of lateral lines to service the real estate situated in the excess area or adjacent to the excess area, to the extent permitted by law, … .”

Carroll Creek and Huntertown couldn’t agree whether this section required people who lived in the Ravenswood subdivision and another subdivision on the Ruth Nobis farm to pay the connection charge. Huntertown argued that those homeowners do not have to pay because they are not included in the “excess area” as defined in the water agreement. Carroll Creek’s interpretation of Section 4.1 was that the owners of real estate in the excess area who connected to the water main would be subject to the area connection charge when they used their water main connection to service real estate that was in either the excess area or area adjacent to the excess area. The company argued Huntertown failed to prove that the property owners in question had never owned property in the excess area.

The trial court granted summary judgment to Huntertown on the issue. The judge concluded that the “whether by” clause in Section 4.1 was intended to clarify that the excess area owners will be subject to area connection charges even if they do not connect to the water main directly. But this interpretation changes the “to service real estate situated in the excess area or adjacent to the excess area” language to “that service the real estate …,” the judges noted. In doing so, the court disregarded the plain language of the water agreement.

“The plain language in Section 4.1 of the Water Agreement provides that owners of real estate in the excess area are subject to the area connection charge if they connect, directly or indirectly, to the water main 'to service the real estate situated in the excess area or adjacent to the excess area[.]' Thus, the language of Section 4.1, agreed upon by the parties, shows that the intent of the parties was that the area connection charge would be assessed against excess area owners in two specified situations,” Judge Rudolph Pyle III wrote.

The appeals court remanded for further proceedings.
 

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  1. CCHP's real accomplishment is the 2015 law signed by Gov Pence that basically outlaws any annexation that is forced where a 65% majority of landowners in the affected area disagree. Regardless of whether HP wins or loses, the citizens of Indiana will not have another fiasco like this. The law Gov Pence signed is a direct result of this malgovernance.

  2. I gave tempparry guardship to a friend of my granddaughter in 2012. I went to prison. I had custody. My daughter went to prison to. We are out. My daughter gave me custody but can get her back. She was not order to give me custody . but now we want granddaughter back from friend. She's 14 now. What rights do we have

  3. This sure is not what most who value good governance consider the Rule of Law to entail: "In a letter dated March 2, which Brizzi forwarded to IBJ, the commission dismissed the grievance “on grounds that there is not reasonable cause to believe that you are guilty of misconduct.”" Yet two month later reasonable cause does exist? (Or is the commission forging ahead, the need for reasonable belief be damned? -- A seeming violation of the Rules of Profession Ethics on the part of the commission) Could the rule of law theory cause one to believe that an explanation is in order? Could it be that Hoosier attorneys live under Imperial Law (which is also a t-word that rhymes with infamy) in which the Platonic guardians can do no wrong and never owe the plebeian class any explanation for their powerful actions. (Might makes it right?) Could this be a case of politics directing the commission, as celebrated IU Mauer Professor (the late) Patrick Baude warned was happening 20 years ago in his controversial (whisteblowing) ethics lecture on a quite similar topic: http://www.repository.law.indiana.edu/cgi/viewcontent.cgi?article=1498&context=ilj

  4. I have a case presently pending cert review before the SCOTUS that reveals just how Indiana regulates the bar. I have been denied licensure for life for holding the wrong views and questioning the grand inquisitors as to their duties as to state and federal constitutional due process. True story: https://www.scribd.com/doc/299040839/2016Petitionforcert-to-SCOTUS Shorter, Amici brief serving to frame issue as misuse of govt licensure: https://www.scribd.com/doc/312841269/Thomas-More-Society-Amicus-Brown-v-Ind-Bd-of-Law-Examiners

  5. Here's an idea...how about we MORE heavily regulate the law schools to reduce the surplus of graduates, driving starting salaries up for those new grads, so that we can all pay our insane amount of student loans off in a reasonable amount of time and then be able to afford to do pro bono & low-fee work? I've got friends in other industries, radiology for example, and their schools accept a very limited number of students so there will never be a glut of new grads and everyone's pay stays high. For example, my radiologist friend's school accepted just six new students per year.

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