Trumbull commissioners sue Niles over purported $330,000 overbilling

Staff report

WARREN

The Trumbull County commissioners have filed a lawsuit in common pleas court asking a judge to order Niles to arbitrate a disagreement over what the county feels is a $330,000 overpayment for water.

The lawsuit says the county and city formalized an agreement in 2004 calling for Niles to provide bulk water to the county’s Mosquito Creek Sewer District and Howland Water District.

In 2010, the county discovered the meter used to calculate the amount to charge the county for the water was inaccurate “and, in fact, was an incorrect meter, which was installed by the personnel from the [city],” the suit says.

The result was the county was overcharged $330,965. Trumbull officials notified the city in writing Aug. 31, 2010, of the overcharge, the suit said. The city notified the county in 2012 the billing amount was correct, however.

On May 22, 2014, the county notified the city it was exercising the arbitration clause of the agreement and taking the matter to arbitration, which involves a panel of three qualified engineers reaching a binding decision.

The city, however, has “refused, neglected and has completely ignored [the county’s] demand that it abide by the arbitration clause,” the suit said.

The lawsuit asks for a judge to declare the validity of the arbitration clause and order the city to immediately comply with it.

Niles Mayor Ralph Infante did not immediately respond to a Vindicator request for his response to the lawsuit. The suit is assigned to Judge Ronald Rice.