United States Ninth Circuit

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Pure Wafer Inc. v. City of Prescott, 14-15940

In an action under 42 U.S.C. section 1983 alleging that the City of Prescott, Arizona violated the Contract Clause of the Constitution when it declared that its sewage treatment plant would no longer accept wastewater discharged by plaintiff's metal refinishing plant, in a controversy centered on the fluoride concentration in plaintiff's effluent and the City's enactment of an Ordinance imposing limits on such concentration, the district court's grant of a permanent injunction in favor of plaintiff is: 1) reversed in part as to judgment on the Contract Clause claims, where the City had not impaired the obligation of its contract with plaintiff, because the Ordinance has not altered the ordinary state-law remedies to which plaintiff would otherwise be entitled if it successfully proved a breach of contract; but 2) affirmed in part where judgment for plaintiff can be sustained on the alternative ground that the City has breached its contract with plaintiff.

Appellate Information

  • Decided
  • Published 2017/01/10



  • United States Ninth Circuit