DISCLAIMER: Any unofficial case summaries below are prepared by the clerk's office
as a courtesy to the reader. They are not part of the opinion of the court.
092006P.pdf 05/14/2010 Public Water Supply District v. City of Lebanon
U.S. Court of Appeals Case No: 09-2006
U.S. District Court for the Western District of Missouri - Springfield
[PUBLISHED] [Gruender, Author, with Shepherd, Circuit Judge, and
Jarvey, District Judge]
Civil case - Rural water districts. The plain language of 7 U.S.C. Sec.
1926(b), the rule in favor of giving effect to all terms in a statute, and
the court's analysis of the statute's purpose all confirm that the City of
Lebanon did not violate the statute by continuing to provide services to
those customers it began serving before the Water District obtained its
USDA loan; because the language of the statute supports the conclusion
that the protection of the statute should be limited to the financed service,
here, sewer service, the district court's grant of summary judgment to the
city concerning water services is affirmed; case remanded for further
consideration regarding the water district's physical ability to serve
customers in a development project; water district's claims rejected as to
other customers.