8 results for 'cat:"Municipal Law" AND cat:"Water"'.
J. Birk finds that the lower court improperly determined the local statutes that govern which municipal water supplier rates will apply to a golf course. The golf course and the city disagree on which statutes apply, and the lower court determined it was the statute favored by the city that applies here. That finding was not supported by the record, however, given that when taken together, the histories of both statutes and the intention of the legislature show that the statutes favored by the golf course dictate their water rates. Reversed.
Court: Washington Court Of Appeals, Judge: Birk, Filed On: February 6, 2024, Case #: 38792-5-III, Categories: municipal Law, water
J. Lefkow denies a waste disposal company’s motion to dismiss an Illinois city’s claims that they violated the Clean Water Act by discharging pollutants into the Fox River. The waste disposal company claimed the city has no standing to bring the claim, as its drinking water intake is located almost a mile upstream from where the company allegedly discharged its pollutants. But the court disagrees, finding the company’s unpermitted discharges still occurred adjacent to city property. The court also partially grants the city’s motion to dismiss a counterclaim from the waste disposal company, seeking contributions from the city for any violations of the Comprehensive Environmental Response, Compensation and Liability Act. The court finds the city may have “owner-operator liability” for contributions, but that the waste disposal company has not adequately alleged it has “arranger” liability.
Court: USDC Northern District of Illinois, Judge: Lefkow, Filed On: January 9, 2024, Case #: 1:23cv3187, NOS: Environmental Matters - Other Suits, Categories: Environment, municipal Law, water
J. Kane finds the district court properly affirmed the state water board’s final order granting a permit to Oklahoma City to divert stream water from the Kiamichi River. The board has followed the appropriations system since 1993. The statutes are within the state’s police powers, constitution and the administrative system’s authority to determine water rights of Oklahomans and issue permits. Affirmed.
Court: Oklahoma Supreme Court, Judge: Kane, Filed On: October 3, 2023, Case #: 118892, Categories: Constitution, municipal Law, water
J. Moritz finds that the lower court improperly ruled in favor of land developers after a water company sued to stop the city from granting them water service to a proposed land development. A local statute does not allow cities to encroach on areas already serviced by federally indebted water associations, as long as the associations made water services available to the area. The lower court, however, did not properly determine if those water services were made available before ruling in favor of the developers. Reversed.
Court: 10th Circuit, Judge: Moritz, Filed On: September 18, 2023, Case #: 21-6155 , Categories: municipal Law, water
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J. Clement finds the Court of Appeals improperly reversed the trial court’s dismissal of claims arising from the commission’s modification of a storm water drainage system, allegedly causing flooding onto the resort’s property. Though the sewage-disposal-system-event claim, which seeks relief only in connection with flooding that occurred within the three-year window, was timely, the commission is immune with respect to common law trespass-nuisance claims. This claim was properly dismissed at trial and injunctive relief for this sought by the resort is invalid. The trial court is affirmed in part and reversed in part and remanded. The Court of Appeals’ holding that the trespass-nuisance claim was timely is vacated as unnecessary.
Court: Michigan Supreme Court, Judge: Clement, Filed On: July 24, 2023, Case #: 163949, Categories: municipal Law, Tort, water
J. Clement finds the trial court properly dismissed this suit brought by the animal feed manufacturer seeking insurance coverage for its illegal dumping of wastewater into Brandon, Mississippi’s public sewer system. The city’s suit is based on intentional conduct, whereas the insurance policy only covers accidents. Affirmed.
Court: 5th Circuit, Judge: Clement, Filed On: May 22, 2023, Case #: 22-60247, Categories: Insurance, municipal Law, water