• 63°
franklin county times

Judge to Meridian: You didn't ask for the money

By By Suzanne Monk / managing editor
April 30, 2003
A Lauderdale County chancery judge has ruled than Meridian officials are not entitled to more than $380,000 they claim is owed by Marion in fees for unpaid sewage treatment.
The decision comes after a lawsuit between the city and the town earlier this year.
Marion officials filed the complaint in February 2001 after Meridian raised the smaller town's sewage treatment rates from 67.7 cents per thousand gallons to $2.43 cents per thousand gallons.
Marion appealed to Chancellor Jerry Mason to stop Meridian from charging the higher rate citing a 1986 agreement between the Marion Board of Aldermen and the Meridian City Council. For its part, Meridian claimed that one city council cannot make binding agreements for future city councils.
The case went to trial in January. Mason ruled in favor of Meridian, and the $2.43 rate went into effect.
After the judge's decision, however, both sides claimed victory in the matter of retroactive damages.
Meridian began billing Marion at the $2.43 rate in February 2001, but Marion continued paying at the old rate of 67 cents per thousand gallons. The difference in payments between February 2001 and November 2002 was more than $380,000 and Meridian wanted the money.
In a decision issued Tuesday, the judge said they can't have it for the simple reason that they didn't ask for it. It was not, Mason said, an issue before him and Meridian did not ask for what it viewed as delinquent payments until after the trial was over.
Despite their failure to put the question before the judge at trial, Meridian attorneys had asked Mason to alter his order and award retroactive damages to prevent "manifest injustice."
Marion Mayor Malcolm Threatt said today he was relieved by the ruling.
Meanwhile, since January's ruling allowing Meridian to charge $2.43 per thousand gallons for sewage treatment, Marion has raised the rate it charges its residential customers from $3 per thousand gallons to $6.10 per thousand gallons.

News

Red Bay amends dog ordinance

Franklin County

PBCI awards scholarships to county students

Franklin County

Fred G. Bostick Jr.: Red Bay benefits from Bostick’s generosity, love for community

News

RHS senior performs in all-state show choir for sixth year

Franklin County

Extension adds new animal science regional agent

Franklin County

PCHS Dream Girl Pageant names winners in 54th annual event

News

Council approves paver purchase, reports on new library

News

RHS musical theatre presents SpongeBob Musical

Galleries

Easter Bunny hops into Eastside Park

Franklin County

Belgreen High hosts vape take-back program

News

Phil Campbell City Council considers bids

News

Red Bay celebrates Arbor Day by remembering longtime Garden Club member

Franklin County

Strong winds cause damage, outages in Russellville

Franklin County

FCBOE approves school calendar, bids, personnel matters

News

RCS BOE approves bids for new high school sign, RES playground equipment

Franklin County

Kicks for Kids gets Philanthropic Activity of Year nomination

News

Russellville approves Sloss Lake stage construction

Franklin County

John Blackwell: Ballfield complex commemorates former teacher, mayor

Franklin County

Documentary participation fails for lack of consensus

News

Miss RHS Pageant names winners in numerous categories

Franklin County

County hears broadband feasibility study

Franklin County

Red Bay considers amending animal ordinance

Features

A vision for Russellville: Downtown Collective forms, Aspiring to next level for city

Galleries

41st Annual Miss RHS Pageant takes stage March 3

x