Electric/Water/Sewer Cutoff
Municipality wants me to draft an ordinance that states that a residence
who does not have water/sewer is subject to having their electricity turned
off until they get the water/sewer reconnected. I feel like the
municipality can't do this. Am I correct?
Phillip N. Morton, J.D.
P.O. Box 1886
Ada, OK 74820
Phone: 580-759-0049
Fax: 580-759-2177
Email: MortonLawOffice@gmail.com
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Phillip,
Hopefully, you have received more prompt and more astute answers to your question than mine, but this is my effort.
In Memphis Light & Gas v. Craft, 436 U.S. 1 (1978), Plaintiffs received two separate bills for gas and electric service, which they mistakenly took to be “double billing.” They paid one but not the other and both services were terminated. The Court noted there was ample notice and due process for the unpaid charges but not for the other. The only recourse for the Crafts was to sue. “The cessation of essential utility services for any appreciable time works a uniquely final deprivation, and judicial remedies are particularly unsuited to resolve factual disputes typically involving sums too small to justify engaging counsel or bringing a lawsuit.” Anyway, the facts are not entirely on point but I think a very appropriate response to your governing body would be that each utility stands alone as a recognized property right and constitutional due process would be required for termination of either one. They can’t use the electric service as “leverage” (extortion?) for the unpaid water bill.
Lowell Peterson
22309 E. 67th Street S.
Broken Arrow, OK 74014
lpeterson@live.commailto:lpeterson@live.com
Cell (918) 805-4090
From: Phillip Morton mortonlawoffice@gmail.com
Sent: Friday, March 4, 2022 3:04 PM
To: oama@lists.imla.org
Subject: [Oama] Electric/Water/Sewer Cutoff
Municipality wants me to draft an ordinance that states that a residence who does not have water/sewer is subject to having their electricity turned off until they get the water/sewer reconnected. I feel like the municipality can't do this. Am I correct?
Phillip N. Morton, J.D.
P.O. Box 1886
Ada, OK 74820
Phone: 580-759-0049
Fax: 580-759-2177
Email: MortonLawOffice@gmail.commailto:MortonLawOffice@gmail.com
CONFIDENTIAL AND PRIVILEGED COMMUNICATION: This electronic mail transmission, as well as any attachments, may contain confidential information that is legally privileged. If you are not the intended recipient, any disclosure, copying, distribution, or use of any of the information contained in or attached to this message is STRICTLY PROHIBITED by law. If you have received this message in error, please immediately notify us by replying to this email or by calling 580-759-0049.
Does anyone have any cities that have established marijuana impact fees for grow operations?
Thank you,
Amanda
Amanda Mullins
The Law Firm of Amanda Mullins PLLC
401 W Chickasha Ave., Suite 405 | P.O. Box 533
Chickasha, OK 73023
T (405) 224-0237
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