In 2004, the plaintiff bought a parcel of land on the edge of town and began residing in a recreational vehicle on the parcel. He contacted the local rural water association and asked to be connected to the distribution system abutting his property. The association offered to connect, but advised him that he would be responsible for the costs and materials of connection. The plaintiff next requested that the city connect his property to the city’s water and sewer systems. The city denied the request, indicating that it was impractical and that he was too far removed from existing city services.
The plaintiff unsuccessfully filed complaints with the Iowa Civil Rights Commission and the Iowa Utilities Board. Next, he filed a suit at the trial court level against the association and the city. He alleged that the entities acted illegally and were prohibited from discriminating against him because they obtained federal funding through public utility contracts. The trial court ruled in favor of the association and the city and the plaintiff appealed. The Iowa Court of Appeals affirmed the trial court’s decision on all counts. Small v. City of Milton, et al., No. 0-972/08-1896, 2011 Iowa App. LEXIS 150 (Iowa Ct. App. Feb. 23, 2011).