PURE WAFER INC. v. PRESCOTT, CITY OF

No. 14-15940.

845 F.3d 943 (2017)

PURE WAFER INCORPORATED, a Delaware corporation, successor in interest to Exsil, Inc., a Delaware corporation, Plaintiff-counter-defendant-Appellee, v. PRESCOTT, CITY OF, an Arizona municipal corporation; Marlin Kuykendall; Craig McConnell; Alan Carlow, in his capacity as a Member of the Prescott City Council; Jim Lamerson, in his capacity as a Member of the Prescott City Council; Steve Blair, in his capacity as a Member of the Prescott City Council; Charlie Arnold, in his capacity as a Member of the Prescott City Council; Chris Kuknyo, in his capacity as a Member of the Prescott City Council; Len Scamardo, in his capacity as a Member of the Prescott City Council; Mark Nietupski, in his capacity as Public Works Director of the City of Prescott; Joel Berman, in his capacity as Utilities Manager of the City of Prescott, Defendants-counter-claimants-Appellants.

United States Court of Appeals, Ninth Circuit.

Filed January 10, 2017.


Attorney(s) appearing for the Case

Robert A. Shull (argued), Andrew L. Pringle , Kenneth A. Hodson , and Nicole F. Bergstrom , Dickinson Wright PLLC, Phoenix, Arizona, for Defendants-Counter-Claimants-Appellants.

Jeffrey D. Gross (argued), Scottsdale, Arizona; K. Layne Morrill and Stephanie L. Samuelson , Morrill & Aronson PLC, Phoenix, Arizona; for Plaintiff-Counter-Defendant-Appellee.

Partial Concurrence and Partial Dissent by Judge N.R. Smith.


OPINION

We must decide whether the City of Prescott, Arizona violated the Contract Clause of the Constitution when it declared that its sewage treatment plant would no longer accept wastewater discharged by one of its customers, a large metal refinishing plant.

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