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Woman did not exhaust administrative remedies before suing

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The Indiana Court of Appeals agreed with a Marion Superior judge that the courts do not have jurisdiction over a woman’s lawsuit concerning the disconnection of her water because the woman did not exhaust all her available administrative remedies before suing.

Leslie Bridges filed a class action seeking the return of her $25 reconnection fee as well as unspecified damages and attorney fees against Veolia Water. The company turned her water off twice for nonpayment, and her services were governed by a tariff approved by the Indiana Utility Regulatory Commission.

At the time of the disconnection and filing of her suit, Veolia Water managed and operated the water treatment and distribution facilities of the Department of Waterworks, a municipal water utility.

Bridges’ lawsuit claimed that Veolia and/or the DOW violated the terms of the tariff when it turned off her water without following procedures outlined in the tariff.  The department and Veolia moved to have the suit dismissed for failure to exhaust available administrative remedies; Bridges argued that utilization of the tariff-prescribed administrative remedies would have been futile and that the IURC did not have exclusive jurisdiction over her claim.

Marion Superior Judge Heather Welch dismissed Bridges’ suit in August 2011 and denied Bridges’ motion to correct error in November 2011.

The Court of Appeals, citing Bloomington Country Club Inc. v. City of Bloomington Water & Wastewater Utils, 827 N.E.2d 1213, 1219 (Ind. Ct. App. 2005), concluded that Indiana Code 8-1-2-68 through -70 grant the IURC exclusive jurisdiction over Bridges’ claim, regardless of whether it is treated as a challenge to and a request for reimbursement of the $25 reconnect fee or as a challenge to the allegedly improper act of terminating her residential water service in a manner inconsistent with the terms of the tariff.

The judges rejected Bridges’ claim that utilizing the administrative remedies would have been futile, pointing out that the IURC can grant a refund of charges collected by utilities, plus interest. The commission also could have determined whether the defendants did, in fact, violate terms of the tariff, which would allow Bridges the chance to seek additional damages incurred beyond the refund in court, the judges held in Leslie Bridges v. Veolia Water Indianapolis, LLC, Veolia Water North America Operating Service, LLC, and The City of Indianapolis, Dept. of Waterworks, 49A02-1112-CC-1097.  
 

 

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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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