Pure Wafer Inc. v. City of Prescott

Partial Concurrence and Partial Dissent by Judge N.R. SMITH

OPINION

O’SCANNLAIN, Circuit Judge:

We must decide whether the City of Prescott, Arizona violated the Contract *946Clause of the Constitution when it declared that its sewage treatment plant would no longer accept wastewater discharged by one of its customers, a large metal refinishing plant.

I

This dispute sees the City of Prescott at odds with Pure Wafer, Inc., a corporate resident of Prescott, over contract interpretation. Pure Wafer’s grievances run from the constitutional — the City has violated our nation’s fundamental charter — to the…