Lindler v. Baker

Goolsby, Judge:

The appellants Charles R. Lindler and Charles R. Lindler Enterprises, Inc., operators of the Howard Johnson’s Motor Lodge near Interstate Highway No. 1-26, seek to enjoin the respondent Bush River Utilities, Inc., from refusing Howard Johnson’s sewer service for non-payment of fees. Lindler and Lindler Enterprises also seek a declaratory judgment that they are under no obligation to pay sewer service fees to Bush River.

The complaint alleges a breach of contractual agreements which preclude Howard Johnson’s from being charged a sewer service fee. Bush River’s demurrer to the…