Getto v. City of Chicago

913 N.E.2d 528, 392 Ill. App. 3d 232, 332 Ill. Dec. 596, 2009 Ill. App. LEXIS 323
CourtAppellate Court of Illinois
DecidedJune 1, 2009
Docket1-07-0673
StatusPublished
Cited by9 cases

This text of 913 N.E.2d 528 (Getto v. City of Chicago) is published on Counsel Stack Legal Research, covering Appellate Court of Illinois primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Getto v. City of Chicago, 913 N.E.2d 528, 392 Ill. App. 3d 232, 332 Ill. Dec. 596, 2009 Ill. App. LEXIS 323 (Ill. Ct. App. 2009).

Opinions

JUSTICE GARCIA

delivered the opinion of the court:

We originally issued our decision as an unpublished order under Supreme Court Rule 23 (166 Ill. 2d R. 23). The City of Chicago (the City) filed a petition for rehearing. Joseph Getto also filed a petition for rehearing, even though he filed no brief on appeal. We granted both, withdrew our Rule 23 decision, and now file this opinion in light of the additional filings by both sides.

This action first arose from a filing by Mr. Getto seeking to prevent the City from terminating water service to his property while he disputed a $120,019.49 water bill. Mr. Getto later amended his complaint, seeking a judicial declaration that he did not have to pay the bill. Following a bench trial, the trial court enjoined the collection of the $120,019.49 water bill.1

The City contends the trial court “ignored the requirements of the Chicago Municipal Code” when it enjoined collection of the water bill because no evidence was presented at trial that the water meter was registering incorrectly or had stopped registering. The City asks that we reverse the judgment of the circuit court, enter judgment in its favor on its counterclaim, and remand this cause for any further relief the City is entitled to under the Municipal Code. We agree with the City; we reverse and remand.

BACKGROUND

Joseph Getto is the beneficiary of a trust that owns a 14-unit building on West Marquette Road in Chicago (the Marquette building). On July 2, 2003, Mr. Getto filed a complaint for injunctive relief seeking to prevent the City from terminating water service to the Marquette building while Mr. Getto disputed a $120,019.49 water bill. He later amended the complaint to seek a judicial declaration that he was not liable for the amount billed. The matter proceeded to a bench trial in September 2006.

Mr. Getto testified that he owned multiple residential buildings managed through his company, Park Management. While Mr. Getto oversaw the maintenance and capital improvements of the buildings, he was not directly involved with the routine upkeep of the properties. A team of three employees was responsible for day-to-day maintenance and Mr. Getto was only consulted when they needed approval for a “major repair.”

Mr. Getto purchased the Marquette building in 1993. The building had 10 studio apartments and 4 one-bedroom apartments. Each unit had a kitchen sink, a bathroom sink, a toilet, and a tub. The building was surrounded by a locked five-foot-tall wrought iron fence. Mr. Getto generally visited the Marquette building every three to four weeks in the summer and up to six times a month in the winter. Although Mr. Getto sometimes went into the basement, he never checked the water meter.

Because the Marquette building was surrounded by a locked fence, Mr. Getto and his staff made appointments with the electric and gas companies when the electric and gas meters needed to be read. The water department meter readers, on the other hand, usually called from the Marquette building asking for immediate access to the meter. Mr. Getto and his staff could not always accommodate these requests.

In August 2002, the water department made arrangements to read the meters in several of Mr. Getto’s buildings that had been receiving estimated bills. The water department then arranged to reread the Marquette building’s water meter.

When Mr. Getto received a water bill for $120,019.49, he thought the amount was a mistake and called the water department to request a review of the bill. Mr. Getto had successfully contested a large water bill for another building in the past.

In December 2002, the water department removed the water meter from the Marquette building and installed a new meter with a remote reading device. After the new meter was installed, the building’s water bills were based on actual water usage.

During cross-examination, Mr. Getto was questioned regarding plumbing problems at the Marquette building. These problems included (1) a broken outside faucet, (2) a tub faucet that could not be turned off, (3) a leaking bathtub, (4) leaking bathroom pipes, (5) “water bugs,” (6) leaking radiators, and (7) running toilets. Tenants also complained about wet, “swollen,” and moldy walls. Mr. Getto did not remember the majority of these plumbing problems and did not know when many of the problems were fixed. Although workmen reported seeing clamped pipes in the basement, Mr. Getto denied there were leaking pipes in the basement.

The parties stipulated that water department rate takers Leslie Travis and Nancy Smith would testify that because of a locked fence at the Marquette building they were unable to read the water meter between May 1995 and July 2002. The parties also stipulated that the water bills issued between May 1995 and June 2002 were based on estimated readings of the water meter.

The City presented the testimony of Leonard Caifano, a supervisor of water meter assessors. Mr. Caifano testified that a water rate taker notes the reading on the meter, the condition of the building, “whether the meter is operating,” and “any illegal connections or improper things related to the water meter, its operation and accessibility.”

Sonyia Henry, supervisor of customer accounts at the water department, testified that she ensures the readings provided by rate takers are uploaded into the billing system and that bills are mailed to customers. A bill indicates on its face when it is based on an estimated reading of the meter. Estimated readings are based on prior usage. Ms. Henry testified the Marquette building’s estimated bills were based on the building’s prior usage and were issued approximately every two months.

On April 11, 1995, the actual reading on the Marquette building’s water meter was 1856. On August 27, 2002, the actual reading on the meter was 365. The building’s water usage between the two actual readings was calculated at 7,271,000 cubic feet (7.27 million cubic feet).

Jim Hjelmgren, a water meter machinist, testified he went to the Marquette building to examine the water meter on December 5, 2002. During his examination, the meter registered 393.54, its installation seals were intact, and it was not leaking. Mr. Hjelmgren returned the next day to replace the meter. The meter registered 393.9 when it was removed. Mr. Hjelmgren installed a new meter with a remote reading device and took the old meter to a water department facility for testing.

Michael Duda, a water rate takers supervisor, testified that when he read the Marquette building’s water meter on August 7, 2002, it registered 360.70. On August 27, 2007, when he reread the meter it registered at 365.76.

George Galen, a water meter machinist, testified he tested the water meter removed from the Marquette building on December 9, 2002. Mr. Galen performed two tests on the meter, a high flow test and a low flow test. For the high flow test, Mr. Galen placed the meter in a testing device, determined there were no leaks, and purged the air from the system. He then let water from a tank holding 10 cubic feet of water flow through the meter at a rate of 50 gallons per minute. Based on the results of this test, Mr. Galen determined the meter’s accuracy was 100%. Mr.

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Getto v. City of Chicago
913 N.E.2d 528 (Appellate Court of Illinois, 2009)

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Bluebook (online)
913 N.E.2d 528, 392 Ill. App. 3d 232, 332 Ill. Dec. 596, 2009 Ill. App. LEXIS 323, Counsel Stack Legal Research, https://law.counselstack.com/opinion/getto-v-city-of-chicago-illappct-2009.