City of Charleston v. Public Service Commission

Reversed and remanded by published opinion. Judge MOTZ wrote the opinion, in which Judge HALL and Judge WILLIAMS joined.

OPINION

MOTZ, Circuit Judge:

The district court held that a 1990 West Virginia statute and related orders of the state’s Public Service Commission (PSC) impaired contractual obligations contained in sewer bond contracts between two West Virginia cities and their bondholders in violation of the Contract Clause of the United States Constitution,1 and so granted summary judgment to the cities. Because the statute and orders do not constitute a substantial impairment of any…