• Report: #491319

Complaint Review: Clarksville Gas & Water Department

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  • Submitted: Mon, September 07, 2009
  • Updated: Tue, September 15, 2009

  • Reported By: David — Clarksville Tennessee USA
Clarksville Gas & Water Department
2215 Madison St Clarksville, Tennessee United States of America

Clarksville Gas & Water Department Theft by City Hall Clarksville, Tennessee

* : Update on Clarksville Gas & Water Breach of Contracts

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On May 25, 2005, I opened an account with Clarksville Gas and Water, and gave a $225 deposit, refundable in four years. Four years later, on May 26, 2009, I applied for return of my deposit. The clerk and her supervisor told me that new policies by new management prohibit returns until after service ends, AND THE CITY CAN DO WHATEVER IT WANTS.


 


I filed suit, charging breach of legal contract, diversion, and unfair trade practices. No attorney represented the city in General Sessions Court on July 8. Therefore, Judge Shelton phoned the city attorney, Lance Baker, who later met with me, which gave me the opportunity to explain my case and share my evidence. We then went before the clerk, who set my case for a two-hour trial before Judge Grimes on November 9, 2009, at 9:30 a.m.


 


On July 22, 2009, I filed a motion to subpoena evidence from the defendant, including all records of my account, location of my deposit money, records of any interest earned on it, and the name and address of the employee who entered into a legal contract with me and took my deposit money. I also requested names and addresses of employees with whom I spoke on May 26, 2009, full minutes of any Clarksville City Council or Clarksville Gas and Water Department meetings authorizing retention and/or diversion of deposit money, and financial records showing availability of funds to satisfy my suit. Additionally, I filed a motion to subpoena three Clarksville Gas and Water employees as hostile witnesses. Judge Grimes will hear my motions on August 17, 2009, at 3:30 p.m.


 


My evidence includes printouts, from Clarksville Gas and Water, of my account. They show my $225 deposit of May 25, 2005, and my billing and payment history for the past four years, with all payments timely. They also show May 26, 2009 comments from gas and water employee Becky W., Cust. called wanted dep. refunded to his account. It has been 4 years since he paid it. I told him that policies have changed and we do not apply after 4 years. (He) wanted to talk to supervisor. Gave info to TG BW. Tracys (TG BW) comments are, Spoke with Mr. Cutting regarding the deposits being refunded and that we no longer refund the deposits, that they are held on the account until closed. He stated he has already contacted The Leaf Chronicle and his attorney.


 


Other residents who will also not receive their promised deposits may want to contact me, as we may well have the basis for a class action suit. Do we really want the city of Clarksville to DO WHATEVER IT WANTS, regardless of law and regardless of whom it hurts?


This report was posted on Ripoff Report on 09/07/2009 12:08 PM and is a permanent record located here: http://www.ripoffreport.com/r/Clarksville-Gas-Water-Department/Clarksville-Tennessee-37043/Clarksville-Gas-Water-Department-Theft-by-City-Hall-Clarksville-Tennessee-491319. The posting time indicated is Arizona local time. Arizona does not observe daylight savings so the post time may be Mountain or Pacific depending on the time of year.

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Updates & Rebuttals

#1

Update on Clarksville Gas & Water Breach of Contracts

AUTHOR: David Cutting - (USA)

Some interested readers requested updates to my article about theft by Clarksville city hall, in which I wrote how I am battling to get the gas and water department (CG&W) to honor contracts and return deposits.


Yesterday, September 14, 2009, we suffered a minor defeat when Judge Grimes denied my motion for evidence, due to technical legal errors. He admonished me that although I am without counsel, he will cut me no slack for not having an attorney. I understand this, as it would be unfair to attorneys to hold them to higher standards. However, he should not have given Lance Baker, the city attorney, free legal advice by telling him he can quash my future subpoenas.

 

Similarly, at the original appearance on July 8, Judge Shelton, instead of ruling for a default judgment when the defendant did not appear, phoned the city attorney and had me wait for his arrival. This also displayed favoritism for attorneys over ordinary citizens.

 

My case goes to trial November 9, and if I prevail, it will show our local government that the city cannot do whatever it wants. The sheriff served my subpoena against CG&Ws guardian of records on August 10, and I issued a new one against Mayor Johnny Piper yesterday.

 

We need to see if Baker will successfully quash Pipers subpoena, and whether I can locate a local attorney who will help me help you, either pro bono or for a reduced fee.

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