Saturday, February 24, 2007

Law governing 1926(b) protection "has changed significantly"

On February 7, 2007, the U.S. District Court for the Northern District of Oklahoma entered an Opinion and Order vacating the July 3, 1979 injunction in Rural Water Dist. No. 3 v. Owasso Utilities Authority. This is the same injunction that was entered based upon the published opinion found at 530 F. Supp. 818 (N.D. Okla. 1979). In vacating the 1979 injunction, the District Court found that "[t]he law governing Section 1926(b) protection has changed significantly during the twenty-seven years that have passed since entry of the July 3, 1979 Judgment." The February 7, 2007 Opinion and Order can be found at Rural Water Dist. No. 3 v. Owasso Public Works Authority, No. 06-CV-231-JHP-FMH, 2007 WL 464697 (N.D. Okla., Feb. 7, 2007). You may also review this decision here.