Rural Water District No. 4 Douglas County, Kansas v. City of Eudora, Kansas

Case Summary: 07-cv-2463

On September 27, 2007, plaintiff Rural Water District No. 4 Douglas County, Kansas filed a complaint for money damages in the United States District Court for the District of Kansas against defendant City of Eudora, Kansas. Plaintiff brought suit under 42 U.S.C. § 1983, alleging the City of Eudora had violated its exclusive right to provide water service to current and prospective customers in violation of 7 U.S.C. § 1926(b). The court held a jury trial in May 2009, and the jury returned a verdict in favor of plaintiff and against defendant. Subsequently, on September 26, 2011, the United States Court of Appeals for the Tenth Circuit remanded the case for further proceedings solely on the issue of whether plaintiff’s cooperation to secure a federal guaranty was “necessary” to carry out the purposes of the organization. Plaintiff and defendant filed cross-motions for summary judgment. The court heard oral argument on February 16, 2012. Plaintiff later supplemented its submissions, and defendant responded. On June 19, 2012, the court issued its memorandum and order denying both parties’ motions. The court certified for interlocutory appeal the question of whether the recent amendment to Kansas state law applies retroactively and thus effectively eliminates the “necessity” issue from the case.

Case Highlights

• Complaint filed 9/27/07 [Doc # 1]
• Answer and Counterclaim filed 10/30/07 [Doc # 8]
• Count One Dismissed 3/13/08 [Doc # 71]
• Amended Complaint filed 4/24/08 [Doc # 95]
• Answer and Counterclaim filed 5/14/08 [Doc # 105]
• Supplement to Amended Complaint filed 1/06/09 [Doc # 223]
• Tort Counterclaims Dismissed 2/03/09 [Doc # 174]
• Jury Trial 5/18/09-5/29/09
• Jury Verdict 5/28/09 for plaintiff and against defendant
• Appeal Docketed in 10th Circuit 10/14/09 [Doc # 422]
• Mandate from 10th Circuit 11/01/11 [Doc # 460]
• Hearing on Cross Motions for Summ. J. 2/16/12

Case-related documents, including those referenced above, are available via the Public Access to Court Electronic Records (PACER) service. For more information, visit Pacer.gov.