United States Sixth Circuit
US v. Bd. of Commissioners of Hamilton County, 10-3116
In a county board of commissioner's suit against a city, seeking a declaratory judgment that the city could not unilaterally terminate a 1985 sewage treatment agreement, district court's grant of judgment on the pleading in favor of the county board of commissioners is affirmed where: 1) the district court properly exercised subject-matter jurisdiction because the district court retains jurisdiction to police its consent decrees, the board of commissioners' complaint presents a federal question; and 2) district court correctly found that an injunction was necessary because inequity would result if the city were permitted to enforce its now-stale claim to terminate the 1985 agreement as such termination would affect the implementation of the consent decrees.
Appellate Information
- Argued 08/06/2010
- Decided 09/15/2010
- Published 09/15/2010
Judges
Court
- United States Sixth Circuit
Counsel
- For Appellant:
- Stephen P. Samuels, Anthony L. Osterlund