Supreme Court of the United States · Official docket →
City of Cibolo, Texas v. Green Valley Special Utility District
Paid petition · United States Court of Appeals for the Fifth Circuit, No. 16-51282 · judgment August 2, 2017
Before the decision, about 2.1× the 4.1% base rate. The model weighted this up for a Fifth Circuit decision below, a state or local-government petitioner, and a circuit split argued in the petition.
Questions presented
Under 7 U.S.C. § 1926(b), a rural utility association that receives a federal loan for water or wastewater infrastructure enjoys monopoly protection for “[t]he service provided or made available” by the association during the term of the loan. A § 1926 loan may fund water service, wastewater service, or both services. In this case, the Fifth Circuit held that a rural association that received a loan to fund its water service is entitled to § 1926(b) protection for its sewer service as well. The Fifth Circuit also concluded that the rural association had “provided or made available” wastewater service because it had the authority and the obligation under state law to provide that service, even though the association did not plead that it actually had the capacity to furnish wastewater service to customers. The questions presented are:
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Whether “[t]he service” protected by § 1926(b) refers to the service funded by the federal loan, as the Eighth Circuit has held, or to all services provided by a federal loan recipient, as the Fifth Circuit held in this case.
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Whether an association seeking to demonstrate that it has “provided or made available” a protected “service” must show that the service is being or can promptly be furnished, as the Fourth, Sixth, Eighth, and Tenth Circuits have held, or need only show that it has a legal duty under state law to provide that service, as the Fifth Circuit has held.
Counsel of record
For petitioner
David C. Frederick
Kellogg, Hansen, Todd, Figel & Frederick, P.L.L.C.
For respondent
Paul M. Terrill III
Terrill & Waldrop
Proceedings
- Jan 07 2019Motion for leave to file amici brief filed by Guadalupe Valley Development Corporation, et al. GRANTED.
- Jan 07 2019Petition DENIED.
- Jan 02 2019Supplemental brief of respondent Green Valley Special Utility District filed. (Distributed)
- Dec 19 2018DISTRIBUTED for Conference of 1/4/2019.
- Dec 19 2018Supplemental brief of petitioner City of Cibolo, Texas filed. (Distributed)
- Dec 04 2018Brief amicus curiae of United States filed.
- May 21 2018The Solicitor General is invited to file a brief in this case expressing the views of the United States.
- May 01 2018DISTRIBUTED for Conference of 5/17/2018.
- May 01 2018Reply of petitioner City of Cibolo, Texas filed. (Distributed)
- Apr 11 2018Brief of respondent Green Valley Special Utility District in opposition filed.
- Mar 26 2018Motion to extend the time to file a response from March 27, 2018 to April 11, 2018, submitted to The Clerk.
- Mar 26 2018Motion to extend the time to file a response is granted and the time is extended to and including April 11, 2018.
- Mar 12 2018Motion for leave to file amici brief filed by Guadalupe Valley Development Corporation, et al.
- Mar 05 2018Motion to extend the time to file a response is granted and the time is extended to and including March 27, 2018.
- Feb 28 2018Motion to extend the time to file a response from March 12, 2018 to March 27, 2018, submitted to The Clerk.
- Feb 08 2018Response Requested. (Due March 12, 2018)
- Jan 31 2018DISTRIBUTED for Conference of 2/16/2018.
- Jan 29 2018Brief amici curiae of Texas Municipal League, et al. filed. (Distributed)
- Jan 17 2018Waiver of right of respondent Green Valley Special Utility District to respond filed.
- Dec 29 2017Petition for a writ of certiorari filed. (Response due February 1, 2018)
- Oct 17 2017Application (17A420) granted by Justice Alito extending the time to file until December 29, 2017.
- Oct 16 2017Application (17A420) to extend the time to file a petition for a writ of certiorari from October 31, 2017 to December 29, 2017, submitted to Justice Alito.