Todd H. wrote:
Kevin Dressel writes:


I've got a (legal) question for you all.


I'm not a lawyer so I can't give legal advice to anyone. But I can
say what I might do as an ordinary citizen to check into things.


rejected claiming lawyer / client confidentiality. So, as of right
now, we're stuck with this sewer project proceeding.


Oy.


Now, you may be asking why we would be so concerned about having
sewers installed. Primarily, it is because we are expected to foot
the entire bill, which will result in upfront costs upwards of $3,000
to $4,000, as well as a real estate tax increase of several hundred
dollars a year or more (depends on the assessed value of the
individual homes) for twenty years. Many of those living in the
neighborhood are on a fixed income, so such costs cannot easily be
absorbed. Never mind the actual easements which, in some cases, cut
right through residents' yards (as is my case).


Finance wise, I think that's the usual way it's done. Surely one
shouldn't expect others in their municipality to pay for a sewer that
doesn't benefit them.

And yeah, that's the usual argument -- for/against the tax referendum
for such projects are those who have feel the increased property value
sewers will ultimately bring and who can afford it, vs those who feel
the increase in proprety value won't offset the tax burden.


The way the mayor is handling this seems awfully fishy to me.


It does seem odd to me that a questionairre became the last piece of
input y'all got before seeing hard numbers and bids. I know I'd be
****ed if things didn't go to an actual vote. Some folks in Boston
threw a ****load of tea into a harbor over a very similar issue if
memory serves. :-)


Do you have any suggestions on how we could proceed (short of hiring
a lawyer for which we are still trying to determine where to get the
funding)? Legally, does the approach taken by the mayor and council
sound appropriate to you? I appreciate any response, but I'll
understand if you wish not to.


You're not gonna like this answer, but y'all need a lawyer.

Now the good news is that there might be someone willing to work on
contingency or pro bono. You'll have to beat the bushes and find
someone in your area that a) has the sort of legal background to deal
with government issues or looking to make aname for themselves in such
issues, or b) might have a score to settle with your municipality.
Wont' be easy either way. Where's a good government watchdog group
when ya need em? There may be one out there. Get the press
involved, get your story out there, perhaps someone who can help will
hear your story and join the cause.

Another option is to call up the state attorney general's office and
see if someone there might be able to help. That's a wild guess, but
I wonder if there are any laws in any states that prohibit
municipalities from imposing taxes for a project like this without a
proper vote and disclosure of estimate increases. Again, a wild
guess, but something I'd perhaps investigate if I was in your
situation.

Good luck!

--
Todd H.
http://www.toddh.net/


We do have a local television station (well, they're in St.Louis, but
it's local enough) that does these investigative reports quite
frequently. Maybe I can get them to help out...

Thanks for the suggestions!

Kevin