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7th Circuit dismisses campground owner’s appeal after raising new arguments

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A Cedar Grove campground owner’s appeal regarding the judgment that the campground is subject to the Safe Drinking Water Act raised an “interesting question,” the 7th Circuit Court of Appeals noted, but the judges dismissed the appeal because the owner raised arguments for the first time on appeal.

In United States of America v. Ronald Ritz, 11-3320, Ronald Ritz, owner of Cottonwood Campground, fought the grant of summary judgment in favor of the government on whether the campground is subject to the Safe Drinking Water Act and its regulations. The Environmental Protection Agency issued an order in 1998 that it found Cottonwood operated a public water system at the campground, so it must test its water. Ritz and his brother Thomas, who sold the campground to Ronald, didn’t comply with the testing requirements. The brothers denied the water system constituted a public water system as contemplated by the SDWA because the water spigots are marked “non-potable.”

The act says a public water system is one that has at least 15 service connections or regularly serves at least 25 individuals.

After granting summary judgment to the government on the issue, the District Court learned that Thomas Ritz had not been receiving communications related to the case, so it set aside the ruling against Thomas. He later responded, and the District Court again granted summary judgment for the government. He was later dismissed from the case and Ronald Ritz was ordered to pay nearly $30,000 in civil penalties.

Ronald Ritz’s primary argument was that the campground didn’t serve at least 25 people daily for at least 60 days of the year. Now, he argues by analogy that the campground is like a single-family home that may have many faucets but is still not considered a public water system for purposes of the SDWA.

“The merits of Ritz’s new argument raise an interesting question, but we need not consider it because this line of argument was never developed below,” Judge Ann Claire Williams wrote. Ronald Ritz never brought up this argument before the District Court, nor did he bring up several other arguments, including that he never had an opportunity for notice and hearing for the alleged violations.

“Each of these arguments was raised by Ronald’s brother, Thomas, in his separate response to the government’s motion for summary judgment (and rejected by the district court), but Ronald never once sought to join that response or assert any such arguments on his own. Therefore, we must conclude that these arguments are waived for purposes of this appeal,” the court held.

 

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  1. Im very happy for you, getting ready to go down that dirt road myself, and im praying for the same outcome, because it IS sometimes in the childs best interest to have visitation with grandparents. Thanks for sharing, needed to hear some positive posts for once.

  2. Been there 4 months with 1 paycheck what can i do

  3. our hoa has not communicated any thing that takes place in their "executive meetings" not executive session. They make decisions in these meetings, do not have an agenda, do not notify association memebers and do not keep general meetings minutes. They do not communicate info of any kind to the member, except annual meeting, nobody attends or votes because they think the board is self serving. They keep a deposit fee from club house rental for inspection after someone uses it, there is no inspection I know becausee I rented it, they did not disclose to members that board memebers would be keeping this money, I know it is only 10 dollars but still it is not their money, they hire from within the board for paid positions, no advertising and no request for bids from anyone else, I atteended last annual meeting, went into executive session to elect officers in that session the president brought up the motion to give the secretary a raise of course they all agreed they hired her in, then the minutes stated that a diffeerent board member motioned to give this raise. This board is very clickish and has done things anyway they pleased for over 5 years, what recourse to members have to make changes in the boards conduct

  4. Where may I find an attorney working Pro Bono? Many issues with divorce, my Disability, distribution of IRA's, property, money's and pressured into agreement by my attorney. Leaving me far less than 5% of all after 15 years of marriage. No money to appeal, disabled living on disability income. Attorney's decision brought forward to judge, no evidence ever to finalize divorce. Just 2 weeks ago. Please help.

  5. For the record no one could answer the equal protection / substantive due process challenge I issued in the first post below. The lawless and accountable only to power bureaucrats never did either. All who interface with the Indiana law examiners or JLAP be warned.

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