Spencer, IA (KICD) — The judge hearing the request for an injunction to have power turned back on at a Spencer Trailer Park has ruled against the petitioners. The ruling Monday was somewhat of a surprise after Judge Shayne Mayer last Tuesday advised both sides to remedy the situation on their own because researching the case could take her an extended period of time.
The case was filed by Bill Caskey – who owns the trailer park at 318 West 18th Street, and Margaret George – one of the residents who remained even after electric service was cut on July 12th.
First of all Judge Mayer says the injunction isn’t even an option, because it was not requested before the power was cut, despite numerous official notices from the city. The judge said in her 15 page declaration that the city DOES have the right to cut the power over safety concerns citing an Iowa administrative rule saying a customer’s premises must not be hazardous. And at one point she writes: “There is no right to electricity.”
Mayer says resident’s arguments that the park is unsafe because there’s no electricity have no merit because they choose to stay; and says even though residents were told to leave, there’s no evidence the city is enforcing that order.
Finally, Judge Mayer says “The lack of communication between the parties is frustrating”, but she’s uncertain which side – or both – is to blame. She says it’s “mystifying to the court” that the parties cannot document which trailers are safe, and what repairs are required.
The city of Spencer gave KICD News a statement this afternoon saying they will continue to work with the occupants and owner to attempt a resolution.