United States Eighth Circuit

In an action by a public water district against nearby City of Lebanon, Missouri, alleging that the city was illegally providing water and sewer services to customers within the district's boundaries, summary judgment for defendant is affirmed in part where: 1) the city's continuing to provide service to customers it began serving before the district obtained a loan from the U.S. Department of Agriculture did not violate 7 U.S.C. section 1926(b); and 2) "the service provided or made available" in section 1926(b) was best interpreted to include only the type of service financed by the qualifying federal loan. However, the judgment is reversed in part where the district court misapplied the "made service available" test by improperly focusing on the preferences of the potential recipient of the service.

Appellate Information

• Decided 05/14/2010
• Published 05/14/2010

Judges

• GRUENDER, Circuit Judge., Before GRUENDER and SHEPHERD, Circuit Judges, and JARVEY,District Judge.

Court

• United States Eighth Circuit

Counsel

• For Appellant:
  
• Michael D. Davis, argued, Tulsa, OK, Scott Andrew Robbins, Poplar Bluff, MO, Steven M. Harris, Tulsa, OK, on the brief, for appellant.


• For Appellees:
  
• Steven David Soden, argued, Kansas City, MO, Mark Douglas Harpool, Springfield, MO, Terry J. Satterlee, Matthew L. Larsen, Kansas City, MO, Peter Allen Lee, Stockton, MO, on the brief, for appellee.