Kloses' case with water district is continued
The case of Garry and Loretta Klose et. al vs. Rural Water District No. 3 in Marion County has been continued in the small claims division of district court.
The case will be taken up again at 9 a.m. Sept. 3.
Judge Thomas H. Ball of Council Grove told attorney Chris Costello to file a brief in the case by Aug. 22. A copy of the brief will go to the judge and another copy to the Kloses.
Ball told the couple that they were welcome to file a brief, too. They appeared without an attorney at Wednesday morning's 15-minute first hearing in the case.
The Kloses say they paid $2,600 to the water district three years ago during the initial sign-up period. They have yet to receive a drop of water from the district, they say.
They have been told "Next season" for several years, they said. The water district has to sign up 50 more landowners just to be eligible to apply for a state grant, Klose said.
The district dropped the sign-up fee to $1,000. They refunded $1,600 to all parties who had paid $2,600 for the initial sign-up.
The Kloses say it could be decades before anyone receives any water.
They want their remaining $1,000 back. The district says it cannot pay it back. The Kloses say the district did make this $1,000 refund for someone in Tampa.
Based on the outcome of this case, there may be many people who signed up who will petition the RWD for refunds.
Costello said Wednesday that the district is not a corporation, but is a governmental entity, a non-person.
A governmental entity cannot be sued in a small-claims action, Costello said. This includes cities, counties, or any other governmental units, Judge Ball agreed.
Ball said Wednesday he was not certain the district is a governmental entity.
He told the Kloses they could engage the services of an attorney, or file a Chapter 61 civil suit with court costs they've already paid to apply.
They decided at that time to proceed, without an attorney. This was, however, before the judge told Costello to prepare a brief and told the Kloses they also could prepare one bolstering their argument.
Costello said the rural water district is recognized by the state as a quasi-municipal organization. It has no taxing authority, but is approved by the Legislature and Kansas law, and is organized and approved by the county commission, he said.
Rural District 5 was organized by petition of landowners five or six years ago, Costello said. It is a government entity, by statute, he said.
No evidence was heard Wednesday, just Costello's motion to dismiss the suit.
