ILNews

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

Back to TopE-mailPrintBookmark and Share

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.


 

ADVERTISEMENT

Sponsored by
ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. File under the Sociology of Hoosier Discipline ... “We will be answering the complaint in due course and defending against the commission’s allegations,” said Indianapolis attorney Don Lundberg, who’s representing Hudson in her disciplinary case. FOR THOSE WHO DO NOT KNOW ... Lundberg ran the statist attorney disciplinary machinery in Indy for decades, and is now the "go to guy" for those who can afford him .... the ultimate insider for the well-to-do and/or connected who find themselves in the crosshairs. It would appear that this former prosecutor knows how the game is played in Circle City ... and is sacrificing accordingly. See more on that here ... http://www.theindianalawyer.com/supreme-court-reprimands-attorney-for-falsifying-hours-worked/PARAMS/article/43757 Legal sociologists could have a field day here ... I wonder why such things are never studied? Is a sacrifice to the well connected former regulators a de facto bribe? Such questions, if probed, could bring about a more just world, a more equal playing field, less Stalinist governance. All of the things that our preambles tell us to value could be advanced if only sunshine reached into such dark worlds. As a great jurist once wrote: "Publicity is justly commended as a remedy for social and industrial diseases. Sunlight is said to be the best of disinfectants; electric light the most efficient policeman." Other People's Money—and How Bankers Use It (1914). Ah, but I am certifiable, according to the Indiana authorities, according to the ISC it can be read, for believing such trite things and for advancing such unwanted thoughts. As a great albeit fictional and broken resistance leaders once wrote: "I am the dead." Winston Smith Let us all be dead to the idea of maintaining a patently unjust legal order.

  2. The Department of Education still has over $100 million of ITT Education Services money in the form of $100+ million Letters of Credit. That money was supposed to be used by The DOE to help students. The DOE did nothing to help students. The DOE essentially stole the money from ITT Tech and still has the money. The trustee should be going after the DOE to get the money back for people who are owed that money, including shareholders.

  3. Do you know who the sponsor of the last-minute amendment was?

  4. Law firms of over 50 don't deliver good value, thats what this survey really tells you. Anybody that has seen what they bill for compared to what they deliver knows that already, however.

  5. My husband left me and the kids for 2 years, i did everything humanly possible to get him back i prayed i even fasted nothing worked out. i was so diver-stated, i was left with nothing no money to pay for kids up keep. my life was tearing apart. i head that he was trying to get married to another lady in Italy, i look for urgent help then i found Dr.Mack in the internet by accident, i was skeptical because i don’t really believe he can bring husband back because its too long we have contacted each other, we only comment on each other status on Facebook and when ever he come online he has never talks anything about coming back to me, i really had to give Dr.Mack a chance to help me out, luckily for me he was God sent and has made everything like a dream to me, Dr.Mack told me that everything will be fine, i called him and he assured me that my Husband will return, i was having so many doubt but now i am happy,i can’t believe it my husband broke up with his Italian lady and he is now back to me and he can’t even stay a minute without me, all he said to me was that he want me back, i am really happy and i cried so much because it was unbelievable, i am really happy and my entire family are happy for me but they never know whats the secret behind this…i want you all divorce lady or single mother, unhappy relationship to please contact this man for help and everything will be fine i really guarantee you….if you want to contact him you can reach him through dr.mac@yahoo. com..,

ADVERTISEMENT