In nearly every meeting that I attend wherein Oak Creek is discussed (most often in relationship to Oak Creek-Franklin cooperative efforts on behalf of 27th Street), someone will mutter under their breath about the "water issue." An uneasy peace - - it's always there, just under the surface.
And now the dispute enters the courts.
From the Milwaukee Journal Sentinel:
Franklin files suit to get $303,000 from Oak Creek
By MARIE ROHDE
[email protected]Posted: Feb. 14, 2008
Franklin has gone to court against its neighbor, Oak Creek, in the latest salvo in an ongoing war over water.
According to a lawsuit filed this week:
Franklin began buying water from Oak Creek for one subdivision under a 30-year contract beginning in 1973. A similar agreement was reached in 1979 for another subdivision.
In 1994, Franklin agreed to buy all of its water from Oak Creek. As a part of that agreement, the earlier contracts were amended to expire in October 2003, when Franklin would have built its own water utility. The state Public Service Commission in 1994 ordered Oak Creek to relinquish Franklin customers within 10 years.
When Franklin notified Oak Creek that it expected the transfer to occur by October 2003, Oak Creek balked, demanding $300,000 compensation for infrastructure improvements made in Franklin. Franklin said it had paid for the infrastructure, and the PSC agreed.
Oak Creek asked the PSC for a water rate increase that would have affected only Franklin customers, to the tune of more than $300,000. The PSC refused. Oak Creek appealed and lost.
The customers were not transferred until more than a year after the date ordered by the PSC because of court appeals. That cost Franklin $303,438, an amount the city is asking the court to order Oak Creek to pay. Franklin also is asking for legal fees. The case has been assigned to Milwaukee County Circuit Judge Michael Dwyer.
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