Justia Class Action Opinion Summaries

American Heritage Apartments, Inc., a customer of the Hamilton County Water and Wastewater Treatment Authority (County Authority), filed suit both individually and as a class representative asserting that the County Authority exceeded its statutory authority by imposing a monthly charge on its customers. The County Authority sought dismissal of the lawsuit for failure to exhaust administrative remedies, arguing that a customer who seeks to dispute the rates charged must first follow the administrative procedures provided in the Utility District Law of 1937 (UDL). The trial court agreed and dismissed the lawsuit. The court of appeals reversed. The Supreme Court affirmed in part and reversed in part, holding (1) the administrative procedures in Part 4 of the UDL do not apply to a rate challenge filed by an individual customer against a water and wastewater treatment authority, and therefore, the trial court erred in dismissing the lawsuit for failure to exhaust administrative remedies; and (2) the trial court’s alternative ruling on class certification is vacated, and that issue is remanded to the trial court for reconsideration. View "Am. Heritage Apartments, Inc. v. Hamilton County Water & Wastewater Treatment Auth." on Justia Law