Interpreting ruling

Disappointed, Waynesville officials seek clarification

By Alan L. Gerstenecker
Posted Sep 01, 2010 @ 02:43 PM
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Now that the Pulaski County Sewer District has won the five-year-old lawsuit with the city of Waynesville, what lies ahead?
Waynesville City Administrator Bruce Harrill was asked that question last week, and without seeing the ruling, Harrill was reluctant to discuss it.
On Tuesday, however, Harrill was asked about a reactionary statement released to media about the ruling. The statement says the city is waiting to see whether “the Sewer District will propose a fair settlement to the lawsuit that will protect the rights of the citizens and businesses that are currently served by the ... services from the City of Waynesville.”
   “There is a process for this, but what actually does the court ruling actually mean,” Harrill said Tuesday afternoon, after the city statement was released.
“Obviously, they don't want us to shut off service to people out that way and let the sewage run out on the ground. So, what does all this mean?” Harrill said. “We're just going to have to find out.”
Harrill said he has talked to Sewer District Chairman only briefly after the ruling.
“He came in and showed me the ruling, but really we don't know what it means. That's all,” he said.
Harrill indicated he has not scheduled a meeting with Porter, but that it would be a process that would come soon.
The Sewer District lawsuit, originally filed in 2005, against the City of Waynesville and Skyline Cycles, Inc., sought to force the city to halt sewer service to Skyline, which is in the city limits.
Even with the ruling against the city, Mayor Cliff Hammock is hopeful an equitable settlement can be reached.  
“I hope that we can negotiate fair settlement terms with the Sewer District that protects the rights of the businesses and citizens in the city,” Hammock said.
“Obviously, it seems that it would not be in their best interest to immediately halt city sewer services without any means for the Sewer District to serve those customers. I feel the city of Waynesville has a commitment to stand up for (its) rights,” Hammock said.
“After waiting five years for a decision,” the statement continues, “city officials were very disappointed to be informed of the ruling on the lawsuit, one day before a new state law went into effect that ordered a fair means for cities and sewer districts to resolve their disputes.
“The city of Waynesville filed a motion to dismiss the Sewer District lawsuit against the city and Skyline Cycles, Inc., based on the passage of Missouri House Bill 1612, which went into effect on Aug. 28,” the statement said. The ruling came Aug. 27, the day before.
 “With Gov. Nixon signing the new law, the city and the Sewer District had a fair means to resolve this dispute without resorting to lawsuits,” Hammock said. “It's disappointing that the new law was not given a chance to work.”

Now that the Pulaski County Sewer District has won the five-year-old lawsuit with the city of Waynesville, what lies ahead?
Waynesville City Administrator Bruce Harrill was asked that question last week, and without seeing the ruling, Harrill was reluctant to discuss it.
On Tuesday, however, Harrill was asked about a reactionary statement released to media about the ruling. The statement says the city is waiting to see whether “the Sewer District will propose a fair settlement to the lawsuit that will protect the rights of the citizens and businesses that are currently served by the ... services from the City of Waynesville.”
   “There is a process for this, but what actually does the court ruling actually mean,” Harrill said Tuesday afternoon, after the city statement was released.
“Obviously, they don't want us to shut off service to people out that way and let the sewage run out on the ground. So, what does all this mean?” Harrill said. “We're just going to have to find out.”
Harrill said he has talked to Sewer District Chairman only briefly after the ruling.
“He came in and showed me the ruling, but really we don't know what it means. That's all,” he said.
Harrill indicated he has not scheduled a meeting with Porter, but that it would be a process that would come soon.
The Sewer District lawsuit, originally filed in 2005, against the City of Waynesville and Skyline Cycles, Inc., sought to force the city to halt sewer service to Skyline, which is in the city limits.
Even with the ruling against the city, Mayor Cliff Hammock is hopeful an equitable settlement can be reached.  
“I hope that we can negotiate fair settlement terms with the Sewer District that protects the rights of the businesses and citizens in the city,” Hammock said.
“Obviously, it seems that it would not be in their best interest to immediately halt city sewer services without any means for the Sewer District to serve those customers. I feel the city of Waynesville has a commitment to stand up for (its) rights,” Hammock said.
“After waiting five years for a decision,” the statement continues, “city officials were very disappointed to be informed of the ruling on the lawsuit, one day before a new state law went into effect that ordered a fair means for cities and sewer districts to resolve their disputes.
“The city of Waynesville filed a motion to dismiss the Sewer District lawsuit against the city and Skyline Cycles, Inc., based on the passage of Missouri House Bill 1612, which went into effect on Aug. 28,” the statement said. The ruling came Aug. 27, the day before.
 “With Gov. Nixon signing the new law, the city and the Sewer District had a fair means to resolve this dispute without resorting to lawsuits,” Hammock said. “It's disappointing that the new law was not given a chance to work.”

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