Milwaukee committee recommends denying homeowner’s $1,600 claim over lead-service replacement cost

The Milwaukee Common Council’s Judiciary & Legislation Committee on Monday recommended denying a $1,600 claim from property owner Eric LaRue for the private-side cost share of a lead service line replacement.

The committee heard from Patrick Polly, superintendent of Milwaukee Water Works, who said the inlet valve at LaRue’s property dated to the 1920s and that failures of that vintage are commonly attributable to age. Polly said the Water Works had replaced “a little over 10,000” services and that roughly 2,200 were associated with leaks internal to the meter; he told the committee “90% of those approximately can be attributed to failures of the service line due to the meter replacement.”

LaRue told the panel the valve was operable before city staff worked on the meter and that he was added to the city’s lead-service replacement program after the valve began leaking. He said he was seeking a waiver of the private-side cost share rather than a cash payment. LaRue also said the city’s Department of Neighborhood Services (DNS) did not begin enforcement contact until 2023 after a referral in May 2020.

Committee members debated precedent and potential liability if the city were held responsible for internal valves that fail when the city operates them. One member noted that under the state-authorized cost-sharing program, homeowners who undergo replacement after Jan. 4, 2024, would not be required to pay the private-side share — a distinction members said complicates retroactive relief. A proposed compromise to apply an $800 credit failed. The committee ultimately moved to deny the claim; the committee chair said the recommendation will be referred to the full Common Council on June 24, 2025, and that a formal mailed denial would satisfy statutory prerequisites should LaRue choose to pursue litigation.

LaRue was advised by the chair and city attorney staff about next steps if the council upholds the denial.