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Wednesday, January 14, 2009
Ind. Courts - Still more on "Veolia accused of failing to read meters regularly and overestimating usage"
Updating this Dec. 16, 2008 ILB entry, Jon Murray of the Indianapolis Star reports this afternoon under the headline "Judge dismisses suit over estimated water bills." From the story:
A Marion County judge has dismissed a lawsuit by Indianapolis waterworks customers alleging the utility's private manager overbilled them and failed to read meters frequently enough.The order, issued Tuesday, does not address the factual claims of the suit but is based on legal arguments over whether customers have a right to sue Veolia Water Indianapolis over those issues. Veolia's attorneys argued in court last month that its 2002 management agreement with the city's Department of Waterworks didn't allow third parties, including customers, to intervene.
Attorney Peter Kovacs, who filed the suit in April, said disappointment with the ruling "does not diminish our resolve to obtain relief for people." Among options to consider, he said, are an appeal of the ruling or amending the suit, perhaps to bring action directly against the city.
Marion Superior Court Judge Gerald Zore's three-sentence order does not cite which arguments he found compelling.
Veolia had based its motion to dismiss largely on the claim that the city of Indianapolis was its only actual customer, since the city owns the waterworks.
Posted by Marcia Oddi on January 14, 2009 03:59 PM
Posted to Ind. Trial Ct. Decisions