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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. So that none are misinformed by my posting wihtout a non de plume here, please allow me to state that I am NOT an Indiana licensed attorney, although I am an Indiana resident approved to practice law and represent clients in Indiana's fed court of Nth Dist and before the 7th circuit. I remain licensed in KS, since 1996, no discipline. This must be clarified since the IN court records will reveal that I did sit for and pass the Indiana bar last February. Yet be not confused by the fact that I was so allowed to be tested .... I am not, to be clear in the service of my duty to be absolutely candid about this, I AM NOT a member of the Indiana bar, and might never be so licensed given my unrepented from errors of thought documented in this opinion, at fn2, which likely supports Mr Smith's initial post in this thread: http://caselaw.findlaw.com/us-7th-circuit/1592921.html

  2. When I served the State of Kansas as Deputy AG over Consumer Protection & Antitrust for four years, supervising 20 special agents and assistant attorneys general (back before the IBLE denied me the right to practice law in Indiana for not having the right stuff and pretty much crushed my legal career) we had a saying around the office: Resist the lure of the ring!!! It was a take off on Tolkiem, the idea that absolute power (I signed investigative subpoenas as a judge would in many other contexts, no need to show probable cause)could corrupt absolutely. We feared that we would overreach constitutional limits if not reminded, over and over, to be mindful to not do so. Our approach in so challenging one another was Madisonian, as the following quotes from the Father of our Constitution reveal: The essence of Government is power; and power, lodged as it must be in human hands, will ever be liable to abuse. We are right to take alarm at the first experiment upon our liberties. I believe there are more instances of the abridgement of freedom of the people by gradual and silent encroachments by those in power than by violent and sudden usurpations. Liberty may be endangered by the abuse of liberty, but also by the abuse of power. All men having power ought to be mistrusted. -- James Madison, Federalist Papers and other sources: http://www.constitution.org/jm/jm_quotes.htm RESIST THE LURE OF THE RING ALL YE WITH POLITICAL OR JUDICIAL POWER!

  3. My dear Mr Smith, I respect your opinions and much enjoy your posts here. We do differ on our view of the benefits and viability of the American Experiment in Ordered Liberty. While I do agree that it could be better, and that your points in criticism are well taken, Utopia does indeed mean nowhere. I think Madison, Jefferson, Adams and company got it about as good as it gets in a fallen post-Enlightenment social order. That said, a constitution only protects the citizens if it is followed. We currently have a bevy of public officials and judicial agents who believe that their subjectivism, their personal ideology, their elitist fears and concerns and cause celebs trump the constitutions of our forefathers. This is most troubling. More to follow in the next post on that subject.

  4. Yep I am not Bryan Brown. Bryan you appear to be a bigger believer in the Constitution than I am. Were I still a big believer then I might be using my real name like you. Personally, I am no longer a fan of secularism. I favor the confessional state. In religious mattes, it seems to me that social diversity is chaos and conflict, while uniformity is order and peace.... secularism has been imposed by America on other nations now by force and that has not exactly worked out very well.... I think the American historical experiment with disestablishmentarianism is withering on the vine before our eyes..... Since I do not know if that is OK for an officially licensed lawyer to say, I keep the nom de plume.

  5. I am compelled to announce that I am not posting under any Smith monikers here. That said, the post below does have a certain ring to it that sounds familiar to me: http://www.catholicnewworld.com/cnwonline/2014/0907/cardinal.aspx

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