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City of Cibolo, Texas v. Green Valley Special Utility District

Pending petition
Docket No. Op. Below Argument Opinion Vote Author Term
17-938 5th Cir. TBD TBD TBD TBD TBD

Issues: (1) Whether “[t]he service” protected by 7 U.S.C. § 1926(b) – which provides that a rural utility association that receives a federal loan for water or wastewater infrastructure enjoys monopoly protection for “[t]he service provided or made available” by the association during the term of the loan – refers to the service funded by the federal law, as the U.S. Court of Appeals for the 8th Circuit has held, or to all services provided by a federal loan recipient, as the U.S. Court of Appeals for the 5th Circuit held in this case; and (2) whether an association seeking to demonstrate that it has “provided or made available” a protected “service” must show that the service is being or can promptly be furnished, as the U.S. Court of Appeals for the 4th, 6th, 8th and 10th Circuits have held, or need only show that it has a legal duty under state law to provide that service, as the U.S. Court of Appeals for the 5th Circuit has held.

DateProceedings and Orders
Oct 16 2017Application (17A420) to extend the time to file a petition for a writ of certiorari from October 31, 2017 to December 29, 2017, submitted to Justice Alito.
Oct 17 2017Application (17A420) granted by Justice Alito extending the time to file until December 29, 2017.
Dec 29 2017Petition for a writ of certiorari filed. (Response due February 1, 2018)
Jan 17 2018Waiver of right of respondent Green Valley Special Utility District to respond filed.
Jan 29 2018Brief amici curiae of Texas Municipal League, et al. filed. (Distributed)
Jan 31 2018DISTRIBUTED for Conference of 2/16/2018.
Feb 08 2018Response Requested. (Due March 12, 2018)
Feb 28 2018Motion to extend the time to file a response from March 12, 2018 to March 27, 2018, submitted to The Clerk.
Mar 05 2018Motion to extend the time to file a response is granted and the time is extended to and including March 27, 2018.
Mar 12 2018Motion for leave to file amici brief filed by Guadalupe Valley Development Corporation, et al.
Mar 26 2018Motion to extend the time to file a response is granted and the time is extended to and including April 11, 2018.
Mar 26 2018Motion to extend the time to file a response from March 27, 2018 to April 11, 2018, submitted to The Clerk.
Apr 11 2018Brief of respondent Green Valley Special Utility District in opposition filed.
May 01 2018DISTRIBUTED for Conference of 5/17/2018.
May 01 2018Reply of petitioner City of Cibolo, Texas filed. (Distributed)
May 21 2018The Solicitor General is invited to file a brief in this case expressing the views of the United States.
 
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