ILNews

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

Back to TopCommentsE-mailPrintBookmark and Share

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.

 

ADVERTISEMENT

Post a comment to this story

COMMENTS POLICY
We reserve the right to remove any post that we feel is obscene, profane, vulgar, racist, sexually explicit, abusive, or hateful.
 
You are legally responsible for what you post and your anonymity is not guaranteed.
 
Posts that insult, defame, threaten, harass or abuse other readers or people mentioned in Indiana Lawyer editorial content are also subject to removal. Please respect the privacy of individuals and refrain from posting personal information.
 
No solicitations, spamming or advertisements are allowed. Readers may post links to other informational websites that are relevant to the topic at hand, but please do not link to objectionable material.
 
We may remove messages that are unrelated to the topic, encourage illegal activity, use all capital letters or are unreadable.
 

Messages that are flagged by readers as objectionable will be reviewed and may or may not be removed. Please do not flag a post simply because you disagree with it.

Sponsored by
ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. George Grant ripped the mask off of Planned Parenthood in this fantastic read clear back in the 90's. http://www.amazon.com/Grand-Illusions-Legacy-Planned-Parenthood/dp/1581820577 Time has rendered this abortion industry goliath neither kinder nor gentler.

  2. Because one post with all of their names just would not do? https://www.youtube.com/watch?v=EvGJvzwKqg0

  3. Hello Jackie, Please go to 'LILLY BLACK" GRANDPARENTS RIGHTS ADVOCATES NATIONAL DELEGATION of the USA. I have a post there where i will be requesting a meeting with the Indiana Senators. We all know there is power in numbers. Please say you will go or you can private message me. WE MUST NEVER GIVE UP ON OUR GRANDCHILDREN. WE ARE GETTING CLOSER.We have to stop this EMOTIONAL & MENTAL ABUSE. PLEASE JOIN ME IN THIS IMPORTANT FIGHT! THANK YOU JACKIE

  4. Hello KRISTI PAYNE, Please go to 'LILLY BLACK" & send a friend request into the INDIANA-GRANDPARENTS RIGHTS ADVOCATES NATIONAL DELEGATION of the USA.I have a post there i will be requesting a meeting with the Indiana Senators in October. We all know there is power in numbers, PLEASE say you will go!THIS EMOTIONAL & MENTAL ABUSE OF OUR GRANDCHILDREN HAS TO STOP!!!! WE CAN'T GIVE UP NO MATTER HOW MUCH WE ARE BEATEN DOWN. WE ARE GETTING CLOSER!!!!! PLEASE HELP ME BE A VOICE!!! THANK YOU KRISTI PAYNE

  5. Hello Cheryl, Please go to 'LILLY BLACK" & send a friend request into the INDIANA-GRANDPARENTS RIGHTS ADVOCATES NATIONAL DELEGATION of the USA.I have a post there i will be requesting a meeting with the Indiana Senators in October. We all know there is power in numbers, PLEASE say you will go!THIS EMOTIONAL & MENTAL ABUSE OF OUR GRANDCHILDREN HAS TO STOP!!!! WE CAN'T GIVE UP NO MATTER HOW MUCH WE ARE BEATEN DOWN. WE ARE GETTING CLOSER!!!!! THANK YOU CHERYL

ADVERTISEMENT