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Plante v. Dallas County Water & Sewer Authority
Citations: 560 So. 2d 1056; 1989 Ala. Civ. App. LEXIS 399; 1989 WL 147761Docket: Civ. 7136
Court: Court of Civil Appeals of Alabama; December 5, 1989; Alabama; State Appellate Court
An appeal was made by Gilbert Plante regarding a judgment from the trial court that awarded the Dallas Water and Sewer Authority $384.55 for past water service charges, including the installation of a meter at his business. The original action was a counterclaim in a small claims court related to property damage. The trial court’s judgment followed an ore tenus hearing, which carries a presumption of correctness and is only reversed if clearly erroneous. Plante raised two main issues on appeal. First, he argued that the Authority lacked the authority to charge for the meter installation, citing a prior case. However, the court distinguished this case, noting that the Dallas County Water and Sewer Authority operates under different statutory authority that allows for reasonable charges related to water service, including meter installation. Second, Plante contended that the trial court's decision was against the weight of evidence regarding the existence of a meter prior to the installation. Testimony from the water authority manager confirmed no prior meter existed, thus supporting the trial court's decision on the charge. Plante also claimed improper service termination due to a dispute over charges. The court affirmed that the meter installation charge was valid and found insufficient evidence to support claims of meter malfunction causing excessive charges, as the leak occurred within the building after service termination. Lastly, Plante sought damages for the leak but was denied, as the leak was determined to occur after service was terminated and was unrelated to any alleged meter defect. Ultimately, the court found no errors in the trial court’s decisions and affirmed the judgment.