Residents for a Better Richmond files class action against RUSS, Washington County

In an effort to declare fees levied by Washington County and the Regional Utilities Services Systems illegal, Residents for a Better Richmond filed a class action suit against the county, the board of trustees and RUSS Tuesday.

The suit, which was filed by attorney Frank Murray Smith of Des Moines on behalf of RBR board of directors member Thomas Duwa, challenges ?the legality, validity and enforceability of an Easement Refusal Fee assessed or threaten to be assessed against RBR members and other class members? by the defendants, which is named as RUSS, the county and its board of supervisors. A jury trial has been requested.

The suit requests the fees for a proposed sewer system in Richmond be declared an illegal tax and prohibit the defendants from collecting or threatening to collect it. It also asks any easements obtained pursuant to the fee or threat of the fee be declared void. According to RUSS personnel at a March meeting in Rubio, the landowner will retain the land rights, but the easement would give RUSS workers the authority to come onto the land to make repairs to the system. The suit also asks for damages equal to the attorney fees and court costs.

RBR, which has protested and questioned RUSS and the county?s move to install a lagoon-type sewer system in the unincorporated town of Richmond for more than two years, seeks a declaratory judgment not only about the legality of the fee, but also the validity of sewer easements obtained under threat of a $2,000 Refusal Fee, questioning if it amounts to an unauthorized tax.

The suit contends that ?Neither Washington County nor its supervisors nor RUSS have the statutory right or any other authority to assess, charge or levy the Fee.?

The suit notes that the possible Class members for the suit are so numerous that at this time ?the exact number and identities ... are unknown.? As a result, RBR reserves the right to amend the lawsuit to include other counties as defendants ?if discovery disclosed residents of those counties come within the Class.?

The suit was served Tuesday to Washington County Auditor Bill Fredrick and Washington County Board of Supervisors president Jim Miksch. The county has 20 days from Oct. 31 to serve a motion or answer and a ?reasonable time thereafter? to file a motion or answer with the Washington County District Court.

Washington County Attorney Larry Brock said Thursday he is making no comment on the pending litigation and is taking steps to respond to the suit.

He said RUSS attorney Paul Zingg was handing the case over to counsel for Iowa Communities Assurance Pool.

A hearing has not been set yet.

Recently the Washington County Board of Supervisors accepted a letter from the Iowa Department of Natural Resources stating it could be fined up to $5,000 per day if the sewer system in Richmond, as well as Rubio and Ollie which are part of the same project, are brought up to state standards. The supervisors decided to use the RUSS lagoon system. About 75 percent of the $1.8 million project will be paid for with state grants. RUSS has said construction won?t begin until all needed easements are obtained. Since beginning the project, the Washington County Supervisors held seven public hearings on the issue.

If a property owner refuses the project initially, it will cost more money to hook onto the system later or to bring their septic system into compliance on their own, supervisor Wes Rich, the county?s RUSS Board member said during the March meeting in Rubio.