Water and Sewer District Protects Public Health

Abstract

Hancock County, Indiana, long suffered from a deficient sewage disposal system. The failure of numerous private septic systems polluted neighborhood ditches and streams with raw, untreated sewage. As a result, county residents were exposed to extremely serious health consequences. In response to requests from the state health department, the Board of Commissioners of Hancock County submitted a petition to organize a regional water and sewer district. The petition requested that those areas already served by existing private, semipublic, or public sanitary sewer facilities or water and sewer utilities be excluded from the proposed district. The town of Cumberland objected to the creation of the district. The state approved formation of the district and excluded Cumberland. The trial court upheld the formation of the district. Cumberland appealed, claiming that although it was excluded from the district, the formation of the district impermissibly restricted its future ability to expand its existing sewer system. The appellate court concluded that the decision to create the district was neither arbitrary nor capricious. The court emphasized the serious threat to public health that existed throughout the county. Furthermore, the court pointed out that the areas with the most severe sewage problems were located on opposite sides of the county. In addition, the court found that substantial evidence supported the conclusion that the district was economically feasible. The trial court decision was affirmed.