Journal-Times (Grayson, KY)

Local News

July 3, 2013

Electric rate lawsuit back in court Aug. 19

July 3, 2013 — Oral arguments for class action status in a lawsuit filed against the City of Olive Hill will take place Aug. 19.

Attorneys Mike Fox and Reid Glass are representing those seeking class action certification in the legal claims of 32 plaintiffs asking reimbursement from the city because of unlawfully adjusted electric rates since 2000.

  The request for class action status made by Fox and Glass was heard Monday during motion hour in Carter Circuit Court.

  Attorneys Jim Deckard and Patrick Flannery, who represent a separate group in an identical case, also asked to be considered for class counsel.

  The oral argument date was set for summer’s end in order to allow an extension for discovery for the defense, meaning the collection of supportive evidence. They were granted 30 additional days to produce the requested information.

The main source of concern for the discovery period for the plaintiffs involved the collection of electronic data from two city employees who recently resigned.

Deckard requested a motion be filed for preservation of evidence that may be stored on the work computers of the two employees in question. The issue was resolved when it was agreed that the computers and existing files would be shelved and secured.

  According to the complaint filed in February, the plaintiffs were unaware that they were being charged excessive fees until the fall of 2012.

Both suits came in the wake of a Jan. 14 opinion handed down by the Attorney General's Office of Rate Intervention (ORI).

In that report, ORI Director Jennifer Black Hans asserted that the city's electric rate ordinance, which had been in effect since 2000, violates KRS 96.534 which requires city-owned utility companies to hold public hearings before increasing electric rates.

The suit alleges, among other violations, that the city committed fraud and violated the Consumer Protection Act by not following established state law in the setting and adjustment of electric rates, specifically alleging that the city sought to “evade a public hearing on proposed increases in rates or fees for electric utility services.”

The complaint requests that all excess fees paid to the city be returned to the plaintiffs, in addition to their attorney fees, the cost of the lawsuit, and anything else to which the plaintiffs are entitled.

Lana Bellamy can be reached at lbellamy@journal-times.com or by telephone at 474-5101.

1
Text Only
Local News
  • 16 indicted by Carter grand jury

    Indictments of 16 persons have been handed down by a Carter County grand jury. Although 11 of those were processed June 27, the documents were released Monday to the Journal-Times.

    July 23, 2014

  • Wreck4.JPG Wreck leaves trail of gravel

    Members of Carter County Emergency Management, Norton Branch Fire Department, Kentucky State Police
    and Carter County EMS responded to an overturned truck Monday afternoon.

    July 23, 2014 1 Photo

  • Rex Collins.JPG Package liquor sales begin in Grayson

    It took more than a year, an investment of about $750,000, and a lot of paperwork but packaged liquor went on sale last Thursday in Grayson.

    July 23, 2014 1 Photo

  • Star Elementary renovation underway

    Ongoing renovation of Star Elementary School was one of the main topics of conversation at Monday night’s meeting of the Carter County Board of Education.

    July 23, 2014

  • Standout Youth Rally

    The third annual Standout Youth Rally will take place this weekend at the Olive Hill Shrine Park. The Christian praise and worship experience is free and includes admission, food, camping and entertainment.

    July 23, 2014

  • Stage lighting welcome at renovated OHHS

    Performers at the Olive Hill Arts and Education Center, previously known as Olive Hill High School, eventually will be highly visible to their audiences in the future, thanks to help from the Carter County Community Fund (CCCF).

    July 23, 2014

  • Olive Hill fire chief to step down

    Olive Hill Fire Chief Wes Gilliam has informed the Journal-Times that he will resign from his position effective July 31.

    July 23, 2014

  • DSC_9807.JPG Beer on sale in Olive Hill

    Malt beverage sales began in Olive Hill last Wednesday.

    July 23, 2014 1 Photo

  • store.jpg Packaged liquor sales begin this week

    July 16, 2014 1 Photo

  • DSC_7242.jpg Rodeo rides again at Carter County Fair

    After three years with no rodeo, the bucking broncos will return to the Carter County Fair this Thursday and Friday.

    July 16, 2014 1 Photo

Poll