(Download) "City Fort Worth v. Westchester House" by fort Worth Court of Civil Appeals of Texas # Book PDF Kindle ePub Free
eBook details
- Title: City Fort Worth v. Westchester House
- Author : fort Worth Court of Civil Appeals of Texas
- Release Date : January 31, 1954
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 61 KB
Description
Westchester House, Inc., completed and began operating a 13-story apartment-hotel in 1951. Its building housed 343 separate units. Fortune Arms, Inc., completed and began operating a 12-story apartment-hotel about the same time, containing 250 separate units. These two corporations were the plaintiffs in the court below and are the appellees here. Upon completion of the buildings the City of Fort Worth, Texas, was requested to connect its sewer (as well as water) lines to each of them, which it did. The city began supplying water to each building through a meter connected to each. Sewerage service was begun at the same time. Upon receipt of the citys bills for water and sewerage service, the operators discovered that the city was charging them sewerage rates based upon a calculation that one plaintiff-appellee was the representative of 343 different customers, in the case of the first of them, and the other as though he were the representative of 250 separate customers. The operators protested to the city that they should be charged (pursuant to city ordinance prescribing sewerage rates to be charged to users of the city sewers and sewer lines) as individual users. In order to be enabled to retain the privilege of using the sewerage of the city, the operators paid the bills rendered by the city over protest. Subsequently, they brought suit against the city, because of the alleged overcharge, to recover their overpayments for sewerage service. By their pleadings at the time the case was tried, the operators sought recovery of alleged overpayments through the month of January, 1954. They prevailed in the trial court and Westchester House, Inc., was awarded judgment against the City of Fort Worth for the amount of $3,532.38, and Fortune Arms, Inc., was awarded judgment for $2,119.75, including interest on overpayments from the date of their payment. From this judgment the City of Fort Worth appealed.