DIS - Case Record for 20-1726-WS-CSS Skip to main content
      
      
CASE NUMBER: 20-1726-WS-CSS
CASE DESCRIPTION: K. HOVNANIAN FOREST LAKES, LLC V. AQUA OHIO, INC.
DOCUMENT SIGNED ON: 5/2/2024
DATE OF SERVICE: ________________________________________
07/11/2023 Case Action Form closing the case with an effective date of 7/11/23 electronically filed by Daniel E. Fullin on behalf of Public Utilities Commission of Ohio.
05/31/2023 Service Notice.
05/31/2023 Entry that the Commission grants the parties’ joint motion to dismiss the complaint, with prejudice electronically filed by Ms. Donielle M. Hunter on behalf of Public Utilities Commission of Ohio.
05/15/2023 Joint Motion to Dismiss electronically filed by Mr. Erik L. Walter on behalf of K. Hovnanian Forest Lakes, LLC and Aqua Ohio, Inc. and Flanary, Jacob.
05/03/2023 Service Notice.
05/03/2023 Entry granting in part, and denying in part, the motion to dismiss filed in this case on October 5, 2022. We grant that portion of the motion seeking dismissal of an individual, named Respondent Jacob Flanary, as a party to this case. However, we deny that portion of the motion seeking complete case dismissal based on an alleged failure of the complaint to state reasonable grounds for hearing under R.C. 4905.26. Consequently, we direct that an evidentiary hearing be scheduled and held for the purpose of adjudicating whether the Respondent’s operating practice at issue -- of requiring use of ductile iron piping exclusively for construction of the main extension project involved -- conforms with generally accepted utility engineering practices pursuant to Ohio Adm.Code 4901:1-15-30(F), or, otherwise, is unreasonable or unlawful electronically filed by Debbie S. Ryan on behalf of Public Utilities Commission of Ohio.
11/14/2022 Complainant's Motion for Leave to Deem Response Timely Filed and to Allow Supplement electronically filed by Mr. Erik L. Walter on behalf of K. Hovnanian Forest Lakes, LLC.
11/09/2022 Motion to Strike Complainant's Unauthorized Filing and Memorandum in Support electronically filed by Ms. Nicole R. Woods on behalf of Aqua Ohio, Inc. and Flanary, Jacob Mr.
10/25/2022 Supplement to Response electronically filed by Mr. Erik L. Walter on behalf of K. Hovnanian Forest Lakes, LLC.
10/20/2022 Service Notice.
10/20/2022 Attorney Examiner Entry that in accordance with the above findings, both the previously scheduled settlement conference and previously scheduled hearing are postponed on an indefinite basis, and will, as described in Paragraph 12, be rescheduled as appropriate, by future entry electronically filed by Ms. Donielle M. Hunter on behalf of Daniel E. Fullin, Attorney Examiner, Public Utilities Commission of Ohio.
10/18/2022 Complainant's Reply to Respondent's Motion to Dismiss and Expedited Ruling Request electronically filed by Mr. Erik L. Walter on behalf of K. Hovnanian Forest Lakes, LLC.
10/05/2022 Respondents' Motion to Dismiss and Expedited Ruling Requested electronically filed by Mr. Christopher L. Miller on behalf of Aqua Ohio, Inc.
09/07/2022 Service Notice.
09/07/2022 Entry that the Commission finds that it has jurisdiction to determine whether the practice of Aqua Ohio, Inc., of requiring use of only ductile iron piping in construction of waterlines for the land development project involved in this case, conforms with generally accepted utility engineering practices pursuant to Ohio Adm.Code 4901:1-15-30(F), or, otherwise, is unreasonable or unlawful. Based on this jurisdictional determination, a settlement conference is scheduled by this Entry, along with an evidentiary hearing which will proceed, as scheduled here, if settlement beforehand is not reached electronically filed by Ms. Donielle M. Hunter on behalf of Public Utilities Commission of Ohio.
12/14/2021 Complainant's Reply to Respondents' Response in Opposition to Complainant's Motion to Determine Jurisdiction electronically filed by Mr. Erik L. Walter on behalf of K. Hovnanian Forest Lakes, LLC.
10/28/2021 Response in Opposition to Motion to Determine Jurisdiction electronically filed by Mr. Christopher L. Miller on behalf of Aqua Ohio, Inc.
10/13/2021 Complainant's Motion to Determine Jurisdiction electronically filed by Mr. Erik L. Walter on behalf of K. Hovnanian Forest Lakes, LLC.
10/13/2021 Complainant's Notice of Filing Court of Appeals Decision electronically filed by Mr. Erik L. Walter on behalf of K. Hovnanian Forest Lakes, LLC.
10/01/2021 Complainant's Notice of Filing Court of Appeals Decision electronically filed by Mr. Erik L. Walter on behalf of K. Hovnanian Forest Lakes, LLC.
09/09/2021 Service notice.
09/09/2021 Attorney Examiner Entry scheduling a settlement teleconference for September 28, 2021, at 10:00 a.m., as indicated in Paragraph 6 electronically filed by Kelli C. King on behalf of Daniel E. Fullin, Attorney Examiner, Public Utilities Commission of Ohio.
12/29/2020 Respondents' Reply in Support of the Motion to Stay Proceedings and Discovery electronically filed by Ms. Nicole R Woods on behalf of Aqua Ohio, Inc. and Flanary, Jacob Mr.
12/22/2020 Complainant's Memorandum Contra to Respondents' Motion to Stay Proceedings and Discovery electronically filed by Mr. Erik L. Walter on behalf of K. Hovnanian Forest Lakes, LLC.
12/21/2020 Respondents' Motion to Stay Proceedings and Discovery and Memorandum in Support electronically filed by Ms. Nicole R. Woods on behalf of Aqua Ohio, Inc. and Mr. Jacob Flanary.
12/21/2020 Respondents' Answer to K. Hovnanian Forest Lakes, LLC's Complaint and Request for an Order Prohibiting Aqua Ohio, Inc. from Requiring the Use of Ductile Iron Piping for the Development in Green, Ohio electronically filed by Ms. Nicole R. Woods on behalf of Aqua Ohio, Inc. and Mr. Jacob Flanary.
12/07/2020 Exhibit 2 to Complaint electronically filed by Mr. Erik L. Walter on behalf of K. Hovnanian Forest Lakes, LLC.
12/04/2020 Complaint Service Letter and copy of complaint sent to Aqua Ohio, Inc./Jacob Flanary.
12/04/2020 Complaint Response Letter and Brochure sent to Erik L. Walter (Attorney) on behalf of K. Hovnanian Forest Lakes, LLC.
11/18/2020 In the matter of the Complaint for the mandating the use of ductile iron pipe in utility engineering practice electronically filed by Mr. Erik L. Walter on behalf of K. Hovnanian Forest Lakes, LLC and Aqua Ohio, Inc. and Jacob Flanary.