- Jurisdiction
- Montana
In 2018 the manager local water company, a quasi-governmental entity, told me he wanted to gain access to my home to change a meter. I informed him, he needed to get someone else to do the job. (This is a man that has lied to me on a number of occasions, confided in me how he was working with board members to terminate the employment of a fellow employee,(the termination was litigated and the company had to pay a undisclosed sum), demonstrated sub acceptable work quality, and even in one case mentioned the possibility of a injury claim while changing a meter in a hard to reach area.)
I have been a critic of the water company for several years as they have placed a undue hardship on our community. (This escalated to the point a board member tried to physically intimidate me). In Jan. 2019 I received call from the manager, I met him a few days later at the office, caught him in another lie and told him he was not coming into my home. A few days later, I received a letter from the water office making a official request to access my home, I responded in writing, that I did not trust him and the board member that tried to intimidate me. I denied them access however I offered to allow a third party licensed plumber access as I felt their effort was unconstitutional. the manager stopped in my driveway a couple of weeks later and informed me he had given my letter to the board and they were not happy. I replied I didn't care. He told me to take their letter serious, if I didn't he would disconnect my water service. I replied I would drill a well, he said "go ahead, you got water rights" and drove away angry. April 2019, I received another letter from the water company however, this letter was written by an attorney and the letterhead was omitted in a copying process stating my offer for a third party was unacceptable and my water would be disconnected on May 26th. In early May I drilled a well, the manager did everything he could to interfere to no avail. I took the day from work to be present when they were to disconnect, he did not show. Two days later he shut off my water while I was at work having law enforcement present. That evening I removed the meter and attached my well to my home.
The board now has brought legal action against me for drilling the well, as their ordinances state there is to be no domestic wells drilled within the district boundaries after May 1996, I have provided documentation that more than 30 other domestic wells since then have been drilled in the district that they have not taken action against before and after my well.
From what I can find, operating outside to confines of the demand letter is unlawful, their actions violate my Fourth Amendment right to be secure in my home, and this is a arbitrary/capricious application of ordinances. I am confident this is a case of retaliation from the board due to criticism.
Advice?
I have been a critic of the water company for several years as they have placed a undue hardship on our community. (This escalated to the point a board member tried to physically intimidate me). In Jan. 2019 I received call from the manager, I met him a few days later at the office, caught him in another lie and told him he was not coming into my home. A few days later, I received a letter from the water office making a official request to access my home, I responded in writing, that I did not trust him and the board member that tried to intimidate me. I denied them access however I offered to allow a third party licensed plumber access as I felt their effort was unconstitutional. the manager stopped in my driveway a couple of weeks later and informed me he had given my letter to the board and they were not happy. I replied I didn't care. He told me to take their letter serious, if I didn't he would disconnect my water service. I replied I would drill a well, he said "go ahead, you got water rights" and drove away angry. April 2019, I received another letter from the water company however, this letter was written by an attorney and the letterhead was omitted in a copying process stating my offer for a third party was unacceptable and my water would be disconnected on May 26th. In early May I drilled a well, the manager did everything he could to interfere to no avail. I took the day from work to be present when they were to disconnect, he did not show. Two days later he shut off my water while I was at work having law enforcement present. That evening I removed the meter and attached my well to my home.
The board now has brought legal action against me for drilling the well, as their ordinances state there is to be no domestic wells drilled within the district boundaries after May 1996, I have provided documentation that more than 30 other domestic wells since then have been drilled in the district that they have not taken action against before and after my well.
From what I can find, operating outside to confines of the demand letter is unlawful, their actions violate my Fourth Amendment right to be secure in my home, and this is a arbitrary/capricious application of ordinances. I am confident this is a case of retaliation from the board due to criticism.
Advice?