Archive for Thursday, May 28, 2009

Douglas County Rural Water District No. 4 wins lawsuit against city of Eudora

May 28, 2009, 3:49 p.m.

Updated: May 29, 2009, 11:05 a.m.

The jury in the case of Douglas County Rural Water District No. 4 versus the city of Eudora has ruled against Eudora.

At a brief hearing Thursday morning, the jury awarded $23,500 to the district to pay for engineering studies. The judge will award costs, including attorney fees, in subsequent motions.

"The district is extremely pleased and gratified with the decision," said John Nitcher, counsel for the district. "We feel that the actions the district board has taken over the years to protect the financial and territorial interest of the district were vindicated in court."

Eudora had annexed into the city in recent years 113 acres south of Kansas Highway 10 along Douglas County Road 1061 at issue in this lawsuit.

However, the water district had acquired a federal loan, which made it illegal for any municipality to prevent the district from serving the territory.

As a result, the district sued the city in September 2007.

U.S. District Judge Julie A. Robinson had noted that a Kansas rural water district couldn't acquire a federal loan to protect its territory. Evidence presented at trial indicated that the loan would help the district maintain its facilities and water system.

It's unknown if the city will appeal the decision.

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