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Owners responsible for delinquent sewer fees

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In a ruling that will affect property owners across the state, the Indiana Supreme Court today held property owners are ultimately responsible for the delinquent sewer bills of their tenants.

In Pinnacle Properties Development Group LLC v. City of Jeffersonville, Indiana, No. 10S01-0805-CV-302, the high court ruled a municipality may transfer a tenant's delinquent balance for sewer services to the property owner's account without notice to the owner because the owner is the one who will be held responsible for payment of sewer fees.

Pinnacle Properties Development Group, which owns rental properties in Jeffersonville, brought a suit against the city challenging its transfer of delinquent balances to the property owner. Pinnacle sought a declaratory judgment that Jeffersonville lacked legal authority to transfer delinquent balances. The trial court found the city complied with Indiana statute and local ordinances, and Indiana Code Section 36-9-23 allowed the city to bill Pinnacle.

The high court agreed with the city's argument that statutes and ordinances clearly show property owners are ultimately responsible for payment of the sewer service and that the city bills the tenants for the service, instead of the property owners, as a convenience to the owners.

The only relevant statutory provision in this case is I.C. Section 36-9-23-12.5, which provides for bill forwarding, and the Indiana Court of Appeals found that required a municipality to forward the final bill, but not the account balance, from one property to another, wrote Justice Theodore Boehm. Indiana Code 36-9-23 doesn't require municipalities to collect fees from tenants but from the property owner at the time the fees are incurred.

In some parts of the state, the legislature has prohibited or restricted transfer of delinquent fees or requires notification of the property owner of a tenant's delinquency, but Jeffersonville isn't included in those statutes and is governed by the general statute authorizing municipalities to provide sewer services, wrote the justice.

Pinnacle elects to have Jeffersonville bill tenants directly instead of the company. The Supreme Court acknowledged Jeffersonville's practice may inconvenience Pinnacle because by the time the company learns a tenant is delinquent, it could be too late to track them down and collect from them under the lease, wrote Justice Boehm.

But, Pinnacle could opt-out of the city billing program and bill tenants directly, examine the city's collection records each month to determine if tenants are current, include an average sewer charge in the rent amount, or collect additional money from its tenants to cover any delinquent fees, wrote the justice.

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  1. Call it unauthorized law if you must, a regulatory wrong, but it was fraud and theft well beyond that, a seeming crime! "In three specific cases, the hearing officer found that Westerfield did little to no work for her clients but only issued a partial refund or no refund at all." That is theft by deception, folks. "In its decision to suspend Westerfield, the Supreme Court noted that she already had a long disciplinary history dating back to 1996 and had previously been suspended in 2004 and indefinitely suspended in 2005. She was reinstated in 2009 after finally giving the commission a response to the grievance for which she was suspended in 2004." WOW -- was the Indiana Supreme Court complicit in her fraud? Talk about being on notice of a real bad actor .... "Further, the justices noted that during her testimony, Westerfield was “disingenuous and evasive” about her relationship with Tope and attempted to distance herself from him. They also wrote that other aggravating factors existed in Westerfield’s case, such as her lack of remorse." WOW, and yet she only got 18 months on the bench, and if she shows up and cries for them in a year and a half, and pays money to JLAP for group therapy ... back in to ride roughshod over hapless clients (or are they "marks") once again! Aint Hoosier lawyering a great money making adventure!!! Just live for the bucks, even if filthy lucre, and come out a-ok. ME on the other hand??? Lifetime banishment for blowing the whistle on unconstitutional governance. Yes, had I ripped off clients or had ANY disciplinary history for doing that I would have fared better, most likely, as that it would have revealed me motivated by Mammon and not Faith. Check it out if you doubt my reading of this, compare and contrast the above 18 months with my lifetime banishment from court, see appendix for Bar Examiners report which the ISC adopted without substantive review: https://www.scribd.com/doc/299040839/2016Petitionforcert-to-SCOTUS

  2. Wow, over a quarter million dollars? That is a a lot of commissary money! Over what time frame? Years I would guess. Anyone ever try to blow the whistle? Probably not, since most Hoosiers who take notice of such things realize that Hoosier whistleblowers are almost always pilloried. If someone did blow the whistle, they were likely fired. The persecution of whistleblowers is a sure sign of far too much government corruption. Details of my own personal experience at the top of Hoosier governance available upon request ... maybe a "fake news" media outlet will have the courage to tell the stories of Hoosier whistleblowers that the "real" Hoosier media (cough) will not deign to touch. (They are part of the problem.)

  3. So if I am reading it right, only if and when African American college students agree to receive checks labeling them as "Negroes" do they receive aid from the UNCF or the Quaker's Educational Fund? In other words, to borrow from the Indiana Appellate Court, "the [nonprofit] supposed to be [their] advocate, refers to [students] in a racially offensive manner. While there is no evidence that [the nonprofits] intended harm to [African American students], the harm was nonetheless inflicted. [Black students are] presented to [academia and future employers] in a racially offensive manner. For these reasons, [such] performance [is] deficient and also prejudice[ial]." Maybe even DEPLORABLE???

  4. I'm the poor soul who spent over 10 years in prison with many many other prisoners trying to kill me for being charged with a sex offense THAT I DID NOT COMMIT i was in jail for a battery charge for helping a friend leave a boyfriend who beat her I've been saying for over 28 years that i did not and would never hurt a child like that mine or anybody's child but NOBODY wants to believe that i might not be guilty of this horrible crime or think that when i say that ALL the paperwork concerning my conviction has strangely DISAPPEARED or even when the long beach judge re-sentenced me over 14 months on a already filed plea bargain out of another districts court then had it filed under a fake name so i could not find while trying to fight my conviction on appeal in a nut shell people are ALWAYS quick to believe the worst about some one well I DID NOT HURT ANY CHILD EVER IN MY LIFE AND HAVE SAID THIS FOR ALMOST 30 YEARS please if anybody can me get some kind of justice it would be greatly appreciated respectfully written wrongly accused Brian Valenti

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