(Mayville) The Kekoskee and Leroy Joint Sanitary Commission has filed a lawsuit against Mayville accusing the city of breaking the terms of an agreement for sewer service. The agreement allows the village of Kekoskee and the Town of Leroy to use the city-owned utility for sanitary services. In August of 2015, the two parties entered into a management agreement that calls for Mayville to provide the day-to-day operations and maintenance of a lift station along with the necessary equipment to operate the site.
According to the civil suit, the city has been improperly assessing operational costs to the commission for the lift station, in violation of the agreement. The suit alleges that, since September of 2018, Mayville has submitted various invoices to the commission, including bills for labor and lift station-related equipment. The commission says the city’s refusal to cover the costs of labor and necessary equipment jeopardizes the operations of the lift station, which is detrimental to their customers. The suit also claims that in October, Mayville asked the commission for $11-thousand dollars in utility costs.
Attorneys for the Sanitary Commission again cited the agreement in saying that they do not owe money to the city. Joint Sanitary Commission Chair Dale Klueger, along with the village president and town chair, have all declined to comment on the matter. Mayville Mayor Rob Boelk says the city’s attorney has informed him that the circuit court has dismissed the suit on grounds that it must go before a mediator first.
Court officials tell DailyDodge.com that the case has not technically been dismissed. Instead, a motion to dismiss was made on December 9th and the matter is set for judicial review in March. According to Section 7.7 of the Management Agreement, if any conflicts arise both sides agree that any dispute should be (quote) “submitted to nonbinding mediation unless the parties mutually agree otherwise.” The commission is asking the court to rule that the city is not entitled to the operational costs and to order a permanent injunction prohibiting the city from attempting to collect the charges.