Saturday, December 04, 1999
Hamilton beats county's water lawsuit
BY STEVE KEMME
The Cincinnati Enquirer
HAMILTON — A judge has ruled in Hamilton's favor in a legal dispute with Butler County over water rates.
Visiting Judge George Elliott of Butler County Common Pleas Court decided there was no merit to the county's claims that Hamilton was overcharging the county for water. Judge Elliott is retired but was appointed to hear this case.
His decision means there will be no trial.
The county filed a complaint in February 1998, accusing the city of charging the county far more for its water than a 1989 contract permits.
Hamilton City Manager Steve Sorrell said the judge's ruling affirms the city's position that it was not over charging the county for water.
The county had said it agreed to pay a rate 50 percent greater than charged to city residents in order to cover part of Hamilton's water plant expansion. But Hamilton has been charging close to 100 percent more to county water customers, according to the lawsuit.
The county had asked the court to void its water contract with Hamilton and to order Hamilton to pay Butler County appropriate compensation.
County commissioners haven't decided whether to accept Judge Elliott's ruling or challenge it in the Ohio 12th District Court of Appeals.
“The commissioners will meet within the next week to discuss what the options are,” said Butler County Administrator Derek Conklin. “We still may have our day in court.”
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