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

(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. CVSG: 12/04/2018.