United States Seventh Circuit
Rock Energy Coop. v. Village of Rockton, 10-1106
In a non-profit, consumer-owned utility company's suit against a village seeking a declaratory judgment, claiming that the village does not have proper authority to purchase or condemn assets used by natural gas and electric utilities in the area, district court's dismissal of the suit is affirmed where: 1) the chance of future eminent domain proceedings in this case is too remote to support the claim that plaintiff is trying to litigate; and 2) state court's conclusion that, in litigation between the same parties, that the MOU agreement is unenforceable is entitled to preclusive effect under Illinois law, and to the extent that the MOU has a role to play in this case, it includes a clear choice-of-forum clause directing all litigation to the state court.
Appellate Information
- Argued 05/25/2010
- Decided 08/10/2010
- Published 08/10/2010
Judges
Court
- United States Seventh Circuit