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The Journal Gazette

March 20, 2017 2:21 PM

Appeals court rules in favor of sewer district

Rosa Salter Rodriguez | The Journal Gazette

A state appeals court rebuffed a group of Hoagland taxpayers who challenged a decision to standardize rates across the approximately 40 jurisdictions of the Allen County Regional Water & Sewer District.

The taxpayers first appealed the district's decision to Allen County Circuit Court, where Judge Thomas Felts last year ruled they did not establish the new rates were "arbitrary, capricious or contrary to law."

The rate opponents then appealed to the state court, but that court's ruling, issued Friday, upheld the lower court's decision.

"The losing party has the burden of persuading us that the (lower) court erred," the decision by the Indiana Court of Appeals states.

"Appellants have failed to persuade us otherwise," the ruling states.

The appellants were Don Niemeyer, Jon Niemeyer, Brent Hegerfeld, Stanley Hegerfeld, Hoagland Holdings, LLC, Hoagland Holdings II, LLC, Premier Glass, Inc., and Hawk’s Nest Ridge Development Corp., represented by attorney David Hawk of Hawk, Haynie, Kammeyer and Smith of Fort Wayne.