BILLINGS — The City of Billings is asking a judge to toss out a class-action suit filed by residents alleging overcharging of water bills starting when the city changed its software billing system in 2024.
The city's motion to dismiss is its first response to the class-action suit, which was filed by five residents in February.
The city is seeking the dismissal of the case based on what its attorneys claim was a procedural issue in the filing by the residents, according to Montana State Code.
According to the motion, Montana State Code 7-6-4301 states that complaints must be filed with the city within one year of when the issues begin and in a listed format. The city's attorneys claim that neither of those procedures were followed by the plaintiffs in the original complaint.
Plaintiff Ed Johnston spoke with MTN on Wednesday morning and expressed frustration with the city's response.
"It's clear to anyone that just looks that there is a problem, and the city is taking the position any which way they can to thwart our efforts, to avoid fixing what's wrong, and I literally just don't understand why," Johnston said.
Mayor Mike Nelson spoke with MTN on the phone Wednesday afternoon but said he wasn't able to comment during ongoing litigation.
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