Water Meter Costs Not Reasonable: Fid-Bau Portal

Water Meter Costs Not Reasonable

First Union Management owned a shopping center complex in which Montgomery Ward owned a portion on which its retail store and facilities were located. The Hazelwood Water District inspected the mall water service lines, notified the mall owner of the need to install two master meters and two backflow prevention devices, and also advised the owner that if it did not install the devices, the district would carry out the installation and charge the owner for the cost. Because First Union Management did not agree to install the devices, the district completed the installation. When the owner denied responsibility for the charges, the district sought to recover for an alleged unjust enrichment. The trial court ruled for the district but reduced the recovery by 25 percent because of Ward's ownership of a portion of the mall. In an appeal, First Union Management did not challenge its obligation to pay the cost of the antibackflow devices, which served to prevent the possible entry of pollutants from its facilities into the public water system. However, the company denied responsibility for the master water meters, which served no such purpose. The court said the trial court had improperly ordered the owner to pay the cost of the water meters, but upheld the apportionment of the costs for the antiflow devices.