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Annexation Not Needed for Water Service
Publication year - 2000
Publication title -
journal ‐ american water works association
Language(s) - English
Resource type - Journals
SCImago Journal Rank - 0.466
H-Index - 74
eISSN - 1551-8833
pISSN - 0003-150X
DOI - 10.1002/j.1551-8833.2000.tb08919.x
Subject(s) - annexation , supreme court , law , state (computer science) , commission , service (business) , business , political science , politics , algorithm , marketing , computer science
Although Darlene Verry lives outside the city limits of Belle Fourche, South Dakota, her home is within 200 ft (61 m) of the city's sewer and water mains. Verry had been cited for certain violations by the state plumbing commission. Because her home was not connected to the city's water or sewer services, she requested that the city contract with her for them. The city agreed but conditioned its agreement on Verry's petitioning for annexation into the city. She refused, and the city refused to connect her home to its services. Verry sued the city and won in the trial court. The supreme court said that state law clearly requires buildings in which plumbing fixtures are installed to be connected to public water and sewer supplies if the property line is within 200 ft (61 m) of the system. No other requirements need be met. State law also neither requires nor implies that the connection to the city's services be conditioned on petitioning for annexation. The trial court decision was affirmed.