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Thursday, October 28, 2010

Ind. Decisions - "Homeowners' Sewer Suit Against City Goes Before High Court"

The Supreme Court heard oral argument this morning in the case of The City of Indianapolis, et al. v. Christine Armour, et al. and 6News was there. (See ILB upcoming oral argument summary here.) Some quotes:

The sewer project connected 180 homes. At least 31 homeowners in the Northern Estates subdivision paid the full price for the connection, upfront, but some didn't, and the city says they don't have to.

Bill Main, 70, has lived in his home for 36 years. In 2004, he said he paid the city $9,278 for his sewer connection.

"My next door neighbor ended up paying $638 for the exact same thing that I paid over $9,000 for," Main said.

So far, three courts and five judges have ruled in the homeowners' favor.

"The trial court ruled in our favor, the appeals court ruled unanimously in our favor and the federal district court has considered this same issue and ruled in our favor," said Ronald Waicukauski, the homeowners' attorney.

Even neighbors who paid less support those who filed suit against the city.

"They should have that reimbursed to them," said Ray Burger. "I was going to pay on a monthly basis. I only ended up paying $300 to $600. They paid full price."

But the city said it has an duty to appeal the case.

Posted by Marcia Oddi on October 28, 2010 08:26 PM
Posted to Upcoming Oral Arguments