Justia Government & Administrative Law Opinion Summaries

South Fork Water and Sanitation District (District) petitioned for a declaratory judgment to prevent the Town of South Fork (Town) from acquiring water rights and water systems to serve its residents. A significant portion of the Town overlaps the Districtâs boundaries. Between 2001 and 2003, the District began to develop a utility plan that included construction of a centralized water system. The District took preliminary steps toward the provision of water service, but failed to secure the necessary funding to build the centralized water system. With no money, the District could not purchase existing water systems in the area. The Town is authorized under its charter to provide water service to its residents, and began preparations to do so in 2006. The District filed a declaratory judgment complaint against the Town alleging the Town was furnishing water services within the Districtâs boundaries without approval. The Supreme Court found that because the District did not provide water to the Town, and could not demonstrate that it could, the District could not withhold approval to the Town to provide water service. The Court affirmed the appellate courtâs decision.