Mill Creek Water Reclamation District v. Shodeen

In 2012, the plaintiff, a water reclamation district, stopped paying rent pursuant to an agreement to dispose of water and wastewater on property owned by the defendant and filed a complaint to have the agreement declared void as unconscionable and against public policy. The defendant filed a complaint seeking damages for unpaid rent and the circuit court consolidated the matters. The trial court found that the district had breached the agreements and awarded damages to the defendant. The trial court also held that the defendants had also breached the agreement and awarded damages in favor of the district. The parties then cross-appealed. The appellate court affirmed in part and reversed in part, finding that the trial court erred in finding that the defendants breached the agreement and awarding damages to the plaintiffs but affirming the trial court’s award of damages in favor of the defendants. (HUTCHINSON and BIRKETT, concurring)