A chancery court judge has dismissed a church’s lawsuit against the City of Senatobia regarding an unpaid water and sewage bill.
Chancellor Percy Lynchard terminated the case Friday, Feb. 28, after listening to almost two hours of testimony from Michael Cathey, minister of Church of Christ at 401 West Gilmore Street in Senatobia, and three witnesses for the plaintiff.
Lynchard took a 10-minute recess to consider his ruling after Senatobia city attorney Ginger Miller requested the court dismiss the case under Rule 41b which states the defendant can move for dismissal of the action or any claim against them.
“In my legal opinion the city has sown the service under the terms for which they set and provided and has charged accordingly as they always have,” Lynchard stated. “There is nothing to indicate anything the city did was improper or incorrect. The plaintiff has not presented enough evidence to show burden of proof.”
Cathey, who previously served as Senatobia alderman for 32 years, filed suit against the city in October 2024 seeking relief for the bill amount and $5,668 in attorney and court fees.
A court document claims Cathey was informed Feb. 1, 2024, a water line was broken on the West Gilmore church property. In March, Cathey received a statement for a billing cycle which ran Jan. 26 through Feb. 21 from the City of Senatobia Utility Department in the amount of $1,894.93. The statement shows a charge of $548.11 for water and $1,308.45 for sewer.
Throughout the chancery court hearing, Cathey reiterated several times there was no way his church used 187,000 gallons of water reflected on the bill.
According to the document, Cathey contacted the utility department on or about March 5 to express concerns regarding the bill and usage of services. Cathey was advised the water leak was “on his side” and the city would not be making repairs.
Two of the three witnesses for the plaintiff admitted a leak was discovered under the foundation of the church.
The document also claims multiple inquiries were made by Cathey, the church and counsel regarding the bill before the city stated it would take no further action and grant no further consideration on the matter.
A spokesperson for the Senatobia Utility Department confirmed water was turned off at the church Oct. 23 due to nonpayment. The church held two accounts with the city utility service. One line supplies water to the older section of the church while a separate line was installed more than 40 years ago to the newer portion of the church. The older account was disconnected and the account closed due to nonpayment. The city then transferred the balance to the new account since funds were still owed.
The City of Senatobia, as part of its policy when dealing with unpaid utility bills, offered a $100 adjustment fee which was refused by Cathey and the Church of Christ.
Cathey qualified for the upcoming Senatobia municipal election and trying to reclaim the Ward 3 alderman spot he resigned from in 2017. That seat is currently held by Allen "Vashon" Tanksley who is seeking a third term in office.
