Judge dismisses water, sewer lawsuit against Eldon

Miller County Circuit Court Judge Kenneth Hayden dismissed all eight counts of a lawsuit filed against the City of Eldon over water and sewer charges during a hearing held Nov. 10 in Miller County Circuit Court.

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In addition, Hayden gave the 17 plaintiffs 30 days to file an amended petition.

The lawsuit was filed on April 21, 2011, alleging the city’s newly designed water and sewer rate structure, which went into effect Dec. 1, 2010, was in violation of the Hancock Amendment of the Missouri Constitution.

According to a definition of the Hancock Amendment by the University of Missouri, “property taxes and other local taxes and state taxation and spending may not be increased above the limitations specified herein without direct voter approval as provided by this constitution.”

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