PCSD wins lawsuit

Ruling decides territorial issue between city, district

By Madeleine Leroux
Posted Aug 30, 2010 @ 08:03 PM
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The court has settled the first lawsuit between the Pulaski County Sewer District and the city of Waynesville, siding with the Sewer District in territorial issues.
The case resolved a territory dispute concerning Skyline Cycles, an area annexed by the city of Waynesville after the Sewer District was incorporated.
William Hickle, attorney for the Sewer District, said the ruling made it clear that the city of Waynesville was violating the law in its effort to “expand and encroach” into territory held by the Sewer District.
“The judgment that the court entered vindicated the position that the Sewer District has maintained throughout the litigation, which is that the city of Waynesville is simply obligated to respect the Sewer District's territory,” Hickle said.
Waynesville City Administrator Bruce Harrill said he could not comment on the ruling until he has gone through it more thoroughly.
“I’m waiting until we can actually see what the ruling was,” Harrill said.
Hickle said he hopes the ruling will settle the matter and stop the other lawsuits, including a recent federal suit filed by the city of Waynesville.
“I don't see any reason for the city to persist with this other federal lawsuit,” Hickle said.
“We hope, at this point, that the matter is settled; that Waynesville and the Sewer District can simply be at peace and that both parties can do that which county residents want them to do.”
Sewer District Board Chairman Gary Porter said although the district won, everybody has really lost.
“I've always felt that the Sewer District would prevail,” Porter said. “(But) everybody has lost, the taxpayers, our users, in fighting and defending these unnecessary lawsuits.”
Porter said he hopes negotiations between the district and the city of Waynesville will continue amicably and without further lawsuits.
“There's still issues out there that we need to sit down as gentleman and settle,” Porter said.

The court has settled the first lawsuit between the Pulaski County Sewer District and the city of Waynesville, siding with the Sewer District in territorial issues.
The case resolved a territory dispute concerning Skyline Cycles, an area annexed by the city of Waynesville after the Sewer District was incorporated.
William Hickle, attorney for the Sewer District, said the ruling made it clear that the city of Waynesville was violating the law in its effort to “expand and encroach” into territory held by the Sewer District.
“The judgment that the court entered vindicated the position that the Sewer District has maintained throughout the litigation, which is that the city of Waynesville is simply obligated to respect the Sewer District's territory,” Hickle said.
Waynesville City Administrator Bruce Harrill said he could not comment on the ruling until he has gone through it more thoroughly.
“I’m waiting until we can actually see what the ruling was,” Harrill said.
Hickle said he hopes the ruling will settle the matter and stop the other lawsuits, including a recent federal suit filed by the city of Waynesville.
“I don't see any reason for the city to persist with this other federal lawsuit,” Hickle said.
“We hope, at this point, that the matter is settled; that Waynesville and the Sewer District can simply be at peace and that both parties can do that which county residents want them to do.”
Sewer District Board Chairman Gary Porter said although the district won, everybody has really lost.
“I've always felt that the Sewer District would prevail,” Porter said. “(But) everybody has lost, the taxpayers, our users, in fighting and defending these unnecessary lawsuits.”
Porter said he hopes negotiations between the district and the city of Waynesville will continue amicably and without further lawsuits.
“There's still issues out there that we need to sit down as gentleman and settle,” Porter said.

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