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2017 Op. Miss. Att'y Gen. 1 (2017)

handle is hein.sag/sagms0090 and id is 1 raw text is: 

Joshua  W  Danos,  Esquire                                      Office of the Attorney General
                                                                     January 13, 2017

                                                  Office of the Attorney General

                                                       State of Mississippi
                                                    Opinion No. 2016-00541
                                                      *1 January 13, 2017

Re: Adjustment of   Water  Bill

*1 Joshua W. Danos, Esquire
*1 Attorney for City of Gautier
*1 1215 Government Street
*1 Ocean Springs, Mississippi 39564

Dear Mr. Danos:
*1 Attorney General Jim Hood received your letter of request and assigned it to me for research and reply.


*1 You state that a request was submitted to the City Council seeking a water bill adjustment based on a broken pipe on the customer side of
the system. The pipe was large and a great deal of water was lost. It is unclear what caused the break.

*1 The requested adjustment amounts to approximately $100,000.00.


     *1 While it is understood that the City Council may grant water adjustments under certain conditions, must it do so? Under what
     conditions may the City legally deny the adjustment?


*1 As stated in your letter, we have consistently opined that a municipality may only reduce a utility bill that was unreasonably increased
because of unforseen circumstances and for which the customer did not receive the benefits of the utility service. MS AG Op., Glidewell
(August 14, 2009); MS AG Op., Barton (May 15, 2009); MS AG Op., Williams (September 12, 2008); MS AG Op., Baum (October 12, 2007);
MS  AG Op., Horton (August 24, 2007); MS AG Op., Gay (May 9, 1994).

*1 Absent some action on the part of the municipality that caused the break, we find nothing that requires a municipality to make a reduction
in a water bill based on a break on the customer's side of the system.

*1 Jim Hood
*1 Attorney General
*1 By: Phil Carter
*1 Special Assistant Attorney General

@ 2018 Thomson Reuters. No claim to original U.S. Government Works.


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