Rock Energy Cooperative v. Village of Rockton

WOOD, Circuit Judge.

The Village of Rockton, Illinois, and the Rock Energy Cooperative are fighting over who ultimately will own some assets used by the natural gas and electric utilities in the area. Originally the assets were the property of AUiant Energy, but AUiant wanted to sell them. They wound up in Rock Energy’s hands, but in the meantime the Village passed a referendum authorizing it to acquire the assets. Although the Village has taken no direct steps in that direction (at least as of the time this case was argued in our court), Rock Energy is seeking a declaration to the effect that…