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Water company not a political subdivision

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The company that provides the water utility to the City of Indianapolis is not a political subdivision of the state, the Indiana Court of Appeals concluded today.

Veolia Water Indianapolis LLC claimed it was entitled to summary judgment in Michael Harrison’s claim against it because it is a political subdivision of the state. Under a management agreement, Indianapolis pays Veolia nearly $40 million a year, plus more money if the company meets certain incentives. Harrison, while working as a Veolia subcontractor, received a severe electrical shock from an uninsulated overhead electrical line. He sued Veolia asserting negligence and didn’t provide any other notice to Veolia as required under the Indiana Tort Claims Act.

Because it believed it is a political subdivision, and thus subject to the 180-day notice required under the act, Veolia moved for and was granted summary judgment.

Veolia doesn’t fall under the express statutory definition of a political subdivision but claimed it is sufficiently akin to a governmental entity or political subdivision of the state that is entitled to ITCA’s procedural protections.

After reviewing the ITCA and the history of sovereign immunity in Indiana, the Court of Appeals concluded otherwise in Michael Harrison v. Veolia Water Indianapolis, LLC, No. 49A04-0912-CV-722. Even though the appellate court had held Indianapolis Water Co., the predecessor to Veolia, was a governmental agency for immunity purposes under common law principles in Metal Working Lubricants Co. v. Indianapolis Water Co., 746 N.E.2d 352 (Ind. Ct. App. 2001), the Court of Appeals declined to hold Veolia is a governmental entity under the ITCA.

“The most fundamental basis for this holding is that the courts of Indiana have never recognized the provision of utility services as a power or function ‘governmental in nature’ that gave rise to sovereign immunity, even when a governmental unit was operating the utility, wrote Judge Michael Barnes. If the General Assembly wanted to change this arrangement, it could have done so when it enacted the ITCA by expressly including utilities within the definition of “political subdivision.”

“Simply put, we cannot discern a legislative intent to shield or provide special protections to for-profit enterprises, including ones that are part of a multi-national, multi-billion-dollar conglomerate, because they provide services to a governmental entity,” the judge wrote.

In addition, the Indiana Supreme Court has plainly indicated that the operation of a utility, whether by a municipality or private entity is a private business matter, even if the utility is subject to extensive regulation by the state.

The issue was remanded for further proceedings.
 

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  1. It appears the police and prosecutors are allowed to change the rules halfway through the game to suit themselves. I am surprised that the congress has not yet eliminated the right to a trial in cases involving any type of forensic evidence. That would suit their foolish law and order police state views. I say we eliminate the statute of limitations for crimes committed by members of congress and other government employees. Of course they would never do that. They are all corrupt cowards!!!

  2. Poor Judge Brown probably thought that by slavishly serving the godz of the age her violations of 18th century concepts like due process and the rule of law would be overlooked. Mayhaps she was merely a Judge ahead of her time?

  3. in a lawyer discipline case Judge Brown, now removed, was presiding over a hearing about a lawyer accused of the supposedly heinous ethical violation of saying the words "Illegal immigrant." (IN re Barker) http://www.in.gov/judiciary/files/order-discipline-2013-55S00-1008-DI-429.pdf .... I wonder if when we compare the egregious violations of due process by Judge Brown, to her chiding of another lawyer for politically incorrectness, if there are any conclusions to be drawn about what kind of person, what kind of judge, what kind of apparatchik, is busy implementing the agenda of political correctness and making off-limits legit advocacy about an adverse party in a suit whose illegal alien status is relevant? I am just asking the question, the reader can make own conclsuion. Oh wait-- did I use the wrong adjective-- let me rephrase that, um undocumented alien?

  4. of course the bigger questions of whether or not the people want to pay for ANY bussing is off limits, due to the Supreme Court protecting the people from DEMOCRACY. Several decades hence from desegregation and bussing plans and we STILL need to be taking all this taxpayer money to combat mostly-imagined "discrimination" in the most obviously failed social program of the postwar period.

  5. You can put your photos anywhere you like... When someone steals it they know it doesn't belong to them. And, a man getting a divorce is automatically not a nice guy...? That's ridiculous. Since when is need of money a conflict of interest? That would mean that no one should have a job unless they are already financially solvent without a job... A photographer is also under no obligation to use a watermark (again, people know when a photo doesn't belong to them) or provide contact information. Hey, he didn't make it easy for me to pay him so I'll just take it! Well heck, might as well walk out of the grocery store with a cart full of food because the lines are too long and you don't find that convenient. "Only in Indiana." Oh, now you're passing judgement on an entire state... What state do you live in? I need to characterize everyone in your state as ignorant and opinionated. And the final bit of ignorance; assuming a photo anyone would want is lucky and then how much does your camera have to cost to make it a good photo, in your obviously relevant opinion?

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