Continuously serving Kosciusko County since 1854
Sometimes you can fight city hall.
Bob Conley won his case against the town of Mentone regarding a 2004 water bill.
"The big thing in my mind is they pushed this on me. There's no way I used a half million gallons of water. Their actions cost me a lot of money," said Conley Thursday morning.
He said the town's decisions cost businesses in Mentone, and the town, a lot of money and they don't understand the affect their decisions have.
"I knew from the beginning it wasn't right," Conley said today. "It's confusing to me why they didn't want to work with me as a local businessman."
In July 2004, Conley received a water bill for $1,313.53 for 512,000 gallons of water usage. His average water usage was 5,000 to 6,000 gallons. Conley could find no leak. At a special August meeting, Conley offered to pay for 13 months for the year instead of 12.
In September 2004, the Mentone Town Council unanimously approved a motion that Conley would have to pay his water bill in full, but could set up a payment plan with the town to pay it off. Conley wasn't happy. Mark Hughes, town council president, said he did some research and came to the conclusion Conley had a water leak.
There's been a history of water leaks in the area that don't surface for a while and the town does not have a history of giving breaks on water bills for water leaks.
Conley said he tried to take care of the situation as soon as he was made aware of it, doing all he could, including installing a new water line on the advice of the town
Conley said one doesn't go from 5,000 gallons per month to 512,000 gallons the next month.
Even though Mentone officials won't appeal the recent ruling, they didn't agree with it.
"I thought we demonstrated there was a leak. The judge saw differently. I'm disappointed," said Larry Beeson, town attorney, Thursday morning.
Whitley Superior Court Judge Michael D. Rush's verdict was issued Sept. 29. Conley's attorney, Phil Ogden, said Judge Rush "ruled that the town didn't prove their claim on the water bill."
The town sued Conley, seeking payment on the water bill. The town told Conley that installing a new waterline might remedy the situation.
Conley filed a counterclaim against the town's suit seeking payment for the bill. His suit also claimed the new water line wasn't necessary.
Judge Rush ruled the town and Conley must split the cost of Conley's new water line 50-50. Also, Conley will not be held liable for the $1,313.53 water bill he received in July 2004 for his Mentone barbershop.
Beeson said Thursday, the judge ruled in favor of Conley because the town didn't prove the existence of a leak. Conley received the benefit of a new waterline, though the town didn't know if a new line was necessary or not.
"No good deed goes unpunished," said Beeson, who noted that the town had tried to work with Conley on a payment plan.
The new waterline cost $993.69 and the judge ordered the town pay $496.85 of the cost.
Ogden said Rush was the special judge appointed in the case because the local judge recused himself. Ogden and Beeson together selected Rush to act as the special judge for Kosciusko Superior Court III.
