Legal Opinion
North Shelby Water Co. v. Shelbyville Municipal Water & Sewer Commission
District Court, E.D. Kentucky
Decided March 25, 1992No. Civ. A. 89-42PublishedCited by 19 opinions
1Opinion of the Court
MEMORANDUM OPINION
PATTERSON, United States Magistrate Judge.
The essential question presented is whether the previous installation by a rural water company of water distribution lines near to, or within, certain real estate later developed as residential subdivisions constitutes service “made available” to such property within the meaning of 7 U.S.C. § 1926(b), entitling the company to injunctive relief enjoining a municipal water system from providing water service to those subdivisions. Upon the facts presented at the trial of this action, and under applicable law, declaratory and injunctive…
2Cases cited6 opinions
- Jennings Water, Inc. v. City of North Vernon, Indiana, and Csl Utilities, Inc., and Csl Community Association, Inc., InterveningCourt of Appeals for the Seventh Circuit · 1989
- Rural Water District 3 v. Owasso Utilities AuthorityDistrict Court, N.D. Oklahoma · 1979
- Pinehurst Enterprises, Inc. v. Town of Southern PinesDistrict Court, M.D. North Carolina · 1988
- Moore Bayou Water Ass'n, Inc. v. Town of JonestownDistrict Court, N.D. Mississippi · 1986
- City of Bardstown v. Louisville Gas & Electric Co.Court of Appeals of Kentucky · 1964
1 more not listed; retrieve them via the Exa API.
3Cited by19 opinions
- North Alamo Water Supply Corporation v. City of San Juan, TexasCourt of Appeals for the Fifth Circuit · 1996
- Lexington-South Elkhorn Water District v. City of Wilmore, KentuckyCourt of Appeals for the Sixth Circuit · 1996
- Rural Water Sewer & Solid Waste Management, District No. 1 v. City of GuthrieCourt of Appeals for the Tenth Circuit · 2011
- Le-Ax Water District v. City of Athens, OhioCourt of Appeals for the Sixth Circuit · 2003
- City of Grand Junction v. Ute Water Conservancy DistrictSupreme Court of Colorado · 1995
14 more not listed; retrieve them via the Exa API.