Tuesday, December 02, 2008
Oral argument heard in Oklahoma water district challenge
On November 17, 2008, the U.S. Court of Appeals for the Tenth Circuit heard oral argument in an appeal by the City of Guthrie, raising several key issues for possible decision by the Tenth Circuit. Among other things, the case raises the issue of whether Oklahoma rural water districts violatestate and federal law when they borrow money from the U.S. Department of Agriculture, due to the Oklahoma constitutional prohibition against the creation of monopolies. The case also raises the issue of whether fire protection can or must be considered in the made-service-available analysis.