Monday, June 23, 2003
Utility customer has no procedural due process claim where service not mandatory and not yet cut off
In Southside Trust v. Town of Fuquay-Varina, the Fourth Circuit in a per curiam opinion for the panel of Judges Williams and Michael and District Judge Wooten affirmed summary judgment on a utility customer's procedural due process challenge to the municipal utility's actions in charging higher rates. The Court held that plaintiff was not entitled to any procedural due process, because the town was not required to show "cause" to deny service under state law, and that there could be no denial of procedural due process where the plaintiff's service had not been terminated.
Posted by Steve Minor at 6:37 PM