On October 3 we reported that a municipality refused to open a water account for a tenant who used city water in her residence, insisted she pay the landlord's debt for past water and sewer service, and terminated service on September 30. The landlord stopped paying utility bills and the mortgage, and the property is in pre-foreclosure proceedings. See Municipal Water Companies Exempt from HEFPA Must Still Provide Due Process and Equal Protection to Tenant Users, PULP Network October 3, 2008.
On October 7, PULP filed a federal action against the City of Auburn on behalf of the tenant seeking declaratory and injunctive relief and damages under 42 U.S.C. § 1983, alleging that the city ordinances and practices violate the Due Process and Equal Protection Clauses of the Fourteenth Amendment to the United States Constitution.
On October 8, we sought a temporary restraining order from the court, pending resolution of an emergency motion filed that day for a preliminary injunction.
On October 9, water service was restored by the City.
Based on this change of circumstances, the motion for a preliminary injunction was withdrawn.
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