Judges split on district's need to pay for new water main

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The Indiana Court of Appeals split today on whether a school district was required to pay for the installation of a new water main as opposed to privately putting in its own water service line to connect to a new school.

The majority agreed with the Indiana Utility Regulatory Commission’s determination that the Indianapolis Department of Waterworks rules don’t prevent the Southern Hancock School Systems from connecting a service pipe to its new school from an existing main instead of paying to install a new water main.

In Department of Waterworks for the Consolidated City of Indianapolis v. Community School Corp. of Southern Hancock County, No. 93A02-1002-EX-218, the school system is building a new school and wanted to run a service pipe to a water main that runs along County Road 600 West, which services two other schools. The water company argued that the school needed to pay for a new water main along County Road 200 South in order to have adequate water for the school. The cost would be around $330,000. The school could install a service pipe and connect to the existing water main for around $170,000.

The informal disposition of the Consumer Affairs Division of the IURC concluded the water company provided sufficient reasoning to request the installation of a water main. The IURC reversed and held the school should be allowed to connect to the existing main.

The judges split not only on whether the school is required to install a new water main, but also on the standard of review that should be applied. Chief Judge John Baker and Judge Paul Mathias decided the standard of review should be a “multiple tiered review” focused on the facts with a “high level of deference,” as outlined in NIPSCO v. U.S. Steel Corp., 907 N.E.2d 1012, 1018 (Ind. 2009). Judge Patricia Riley in her dissent instead would rely on a passage from Citizens Action Coalition of Indiana v. NIPSCO, 485 N.E.2d 610, 612-13 (Ind. 1985), which says agency action reviews are limited to whether the commission stayed within its jurisdiction and conformed to the statutory standards and legal principles involved in its ruling.

At issue is the water company’s Rule 7(J), which states “A service pipe which is irregularly located shall, at [the Water Company’s] expense, be relocated and connected to a new main abutting the premises when subsequently installed for other purposes. [The Water Company] shall not be under any obligation to permit connection or to supply service to any customer whose premises does not abut a main.”

The majority found the water company’s proposition that each “new premise” has to be served by a main extension directly contradicts with the definition of premises that explicitly contemplates multiple premises or buildings on a single parcel or contiguous parcels of real estate being connected to the same main and each served by a separate service pipe, wrote Chief Judge Baker.

“In essence, none of the rules allows the Water Company to deny a connection to an existing main abutting a customer’s property and force a main extension because it can get a new main closer to the premises,” he wrote.

Judge Riley believed the IURC misinterpreted Rule 7(J) and exceeded its jurisdiction. The new school will be built on its own parcel of land within the school corporation’s campus.

“As far as I can discern, this new construction is not attached to any existing building but is an independent structure at the far end of the campus. Mindful of the rule and its accompanying definitions, the new school should be considered a ‘premise,’ pursuant to Rule 7(J), and thus it would be appropriate to require the School to pay for a new main extension,” she wrote.



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  1. I think the cops are doing a great job locking up criminals. The Murder rates in the inner cities are skyrocketing and you think that too any people are being incarcerated. Maybe we need to lock up more of them. We have the ACLU, BLM, NAACP, Civil right Division of the DOJ, the innocent Project etc. We have court system with an appeal process that can go on for years, with attorneys supplied by the government. I'm confused as to how that translates into the idea that the defendants are not being represented properly. Maybe the attorneys need to do more Pro-Bono work

  2. We do not have 10% of our population (which would mean about 32 million) incarcerated. It's closer to 2%.

  3. If a class action suit or other manner of retribution is possible, count me in. I have email and voicemail from the man. He colluded with opposing counsel, I am certain. My case was damaged so severely it nearly lost me everything and I am still paying dearly.

  4. There's probably a lot of blame that can be cast around for Indiana Tech's abysmal bar passage rate this last February. The folks who decided that Indiana, a state with roughly 16,000 to 18,000 attorneys, needs a fifth law school need to question the motives that drove their support of this project. Others, who have been "strong supporters" of the law school, should likewise ask themselves why they believe this institution should be supported. Is it because it fills some real need in the state? Or is it, instead, nothing more than a resume builder for those who teach there part-time? And others who make excuses for the students' poor performance, especially those who offer nothing more than conspiracy theories to back up their claims--who are they helping? What evidence do they have to support their posturing? Ultimately, though, like most everything in life, whether one succeeds or fails is entirely within one's own hands. At least one student from Indiana Tech proved this when he/she took and passed the February bar. A second Indiana Tech student proved this when they took the bar in another state and passed. As for the remaining 9 who took the bar and didn't pass (apparently, one of the students successfully appealed his/her original score), it's now up to them (and nobody else) to ensure that they pass on their second attempt. These folks should feel no shame; many currently successful practicing attorneys failed the bar exam on their first try. These same attorneys picked themselves up, dusted themselves off, and got back to the rigorous study needed to ensure they would pass on their second go 'round. This is what the Indiana Tech students who didn't pass the first time need to do. Of course, none of this answers such questions as whether Indiana Tech should be accredited by the ABA, whether the school should keep its doors open, or, most importantly, whether it should have even opened its doors in the first place. Those who promoted the idea of a fifth law school in Indiana need to do a lot of soul-searching regarding their decisions. These same people should never be allowed, again, to have a say about the future of legal education in this state or anywhere else. Indiana already has four law schools. That's probably one more than it really needs. But it's more than enough.

  5. This man Steve Hubbard goes on any online post or forum he can find and tries to push his company. He said court reporters would be obsolete a few years ago, yet here we are. How does he have time to search out every single post about court reporters and even spy in private court reporting forums if his company is so successful???? Dude, get a life. And back to what this post was about, I agree that some national firms cause a huge problem.