Preview:

ATTORNEY FOR APPELLANT Patrick Lyp Valparaiso, Indiana

ATTORNEY FOR APPELLEES Martin R. Lucas North Judson, Indiana

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In the

Indiana Supreme Court
_________________________________ No. 75S05-0505-CV-254 THE BD. OF DIRS. OF THE BASS LAKE CONSERVANCY DIST., Appellant (Defendant below), v. SUSAN BREWER AND JOHN BREWER, Appellees (Plaintiffs below). _________________________________ Appeal from the Starke Circuit Court, No. 75C01-0210-PL-50 The Honorable David Matsey, Judge _________________________________ On Petition to Transfer from the Indiana Court of Appeals, No. 75A05-0312-CV 653 _________________________________ December 29, 2005 Sullivan, Justice.

The Bass Lake Conservancy District imposed a sewer rate higher than the standard residential rate on the home of Susan and John Brewer because the house had two kitchens and two laundry areas. The Brewers contend they are entitled to pay the standard rate because theirs is a single residence. We find the higher rate to have been within the District's authority and its imposition on the Brewers' home was not arbitrary, capricious, nor otherwise contrary to law.

Background

Susan and John Brewer designed and constructed a home within an area zoned solely for single-family residences in the Bass Lake Conservancy District, a governmental entity created and administered pursuant to Indiana Code Section 14-33-1-1 et seq. Conservancy districts have been authorized by the Legislature for a variety of purposes including flood prevention and control; drainage; irrigation; water supply for domestic, industrial, and public use; and, most relevant here, the collection, treatment, and disposal of sewage and other liquid wastes. Ind. Code

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Indiana Law