Archive for Thursday, September 10, 2009

RWD No. 4 granted injunction

September 10, 2009

U.S. District Judge Julie A. Robinson on Sept. 2 granted an injunction that ordered the City of Eudora to refrain from competing for customers with Douglas County Rural Water District No. 4.

The injunction requires the city to not engage in any acts that would frustrate existing customers or dissuade potential customers from obtaining or requesting service. It also prevents the city from providing water to any of the property involved in a May 28 decision in which the city was found guilty of limiting the district's ability to serve 113 acres just south of Kansas Highway 10.

The city in recent years had annexed the territory.

City attorney Curt Tideman said the city would appeal the verdict and the case could be heard in about a year by the U.S. 10th Circuit Court of Appeals in Denver.

In late June, the district filed a motion asking the Court to award it $743,904.72 in attorney fees as a result of the lawsuit. No ruling has been made on the motion.

However, both sides discussed a settlement for attorney fees but Doug Davison, chairman of the district's board of directors, said he hasn't heard back from the city.

No details on possible settlements were available.

With the injunction, some of RWD No. 4’s territory now is part of the city of Eudora and administrator Scott Schultz said the district would like to see the city continue to develop to the south of K-10.

Davison invited Eudora residents to attend the district's monthly meetings, which are at 7 p.m. the second Tuesday of each month at the district office, 1768 N. 700 Road, Baldwin City.

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