9.05.09

UPDATE – Water/Sewer Bill:  This message is a follow up to the message sent in early August regarding holding off payment of the August water and sewer bill until after Sept 1, 2009.  We have requested an emergency hearing with the court in an attempt to avoid having to pay the illegal portion of this bill.  However due to court scheduling constraints the hearing will not take place until after the bill due date of Sept.8, 2009.

We cannot advise you to withhold payment of the illegal portion of your current bill. Withholding payment could result in the Town shutting off your water and sewer service, placing a lien on your property, and taking other collection action.  We do hope, however, that you will make it clear to the town that to the extent you are paying the portion of your bill that the Court has determined to be excessive, you are doing so under protest, and not voluntarily.  One way you could do that would be to write two checks: one for the legal portion of your bill and one for the illegal portion (noting “PAID UNDER PROTEST” on the check’s memo line).  While there are no guarantees, by doing this it may facilitate your ability in the future to request a refund of the illegal amount pending the decision of the court.  The tool that allows you to calculate the legal and illegal portions of your bill can be found at www.fairwaterrates.com   ; 

The motion filed with court does request that the Town refund excess water and sewer payments made by any out-of-town customer after September 1.

The message is not intended to provide legal advice and should not be construed as legal advice.  It is just our "non-legal" recommendation.  We will keep you advised as things progress.  Thank you for your continuing support of this issue.
 
--Loudoun Citizens for Fair Water Rates--