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Date for hearing on Middletown-Suez dispute over water and sewer lease changed again

By Dan Miller

danmiller@pressandjournal.com

717-944-4628
Posted 5/11/18

The date for a federal court hearing to consider Middletown borough’s request for an injunction to block the 11.5 percent surcharge being added to water and sewer bills has again been …

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Date for hearing on Middletown-Suez dispute over water and sewer lease changed again

Posted

The date for a federal court hearing to consider Middletown borough’s request for an injunction to block the 11.5 percent surcharge being added to water and sewer bills has again been changed.

The hearing is now set for 1:30 p.m. Tuesday in courtroom 2 on the ninth floor of the Federal Building at 228 Walnut St. in Harrisburg, according to an order filed on May 9 by Chief Judge Christopher C. Conner of U.S. District Court/Middle District of Pennsylvania.

Conner changed the hearing following a request from defendant Middletown Water Joint Venture LLC, citing a conflict that prevented one of their attorneys from appearing at the original date for the hearing.

The borough on April 16 filed a lawsuit in Dauphin County Court against Middletown Water Joint Venture LLC and Suez, seeking an injunction to block Suez from imposing an 11.5 percent surcharge on water and sewer bills.

The surcharge remains on the bills at this point.

According to the lawsuit, the borough’s complaint is focused on blocking the surcharge, and on amending provisions in the lease regarding how Suez calculates a water sales shortfall.

Suez imposed the surcharge to make up for lost revenue from the borough having a water sales shortfall during over the first three years of the lease, from Jan. 1, 2015 through 2017.