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PORTER TRUST v. RURAL WATER SEWER AND SOLID 1

No. 09-6070.

607 F.3d 1251 (2010)

PORTER TRUST; Matthew Gellenbeck; Cedar Ridge Estates; Charles Lynn, Plaintiffs-Appellees, Gary Bower; Leola Scribner; Shawn Ingle; Jt Management; Kenneth Todd; Clayton Long; Joseph Parmer; Vesta McNulty; Tyler Gilliam; Hardesty Properties LLC; Larry Hamilton; Norma Rieker; Kenneth Anai; James Lynch; Thomas Morgan; Lyle Wade George; James Westbrook; Jackie Knox; Randy Durfrain; Mark Gellenbeck; American Eagle Enter; Gene Porter, Plaintiffs, v. RURAL WATER SEWER AND SOLID WASTE MANAGEMENT DISTRICT NO. 1, Logan County, Oklahoma, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

June 9, 2010.

Attorney(s) appearing for the Case

Submitted on the briefs:* Steven M. Harris, Michael D. Davis, Doyle Harris Davis & Haughey, Tulsa, OK, for Defendant-Appellant.

Jeff L. Todd, Lauren E. Barghols, McAfee & Taft, A Professional Corporation, Oklahoma City, OK, for Plaintiffs-Appellees.

Before McKAY, Circuit Judge, BRORBY, Senior Circuit Judge, and EBEL, Circuit Judge.

EBEL, Circuit Judge.

The plaintiffs are landowners whose property lies within the boundaries of the water and sewer district served by the defendant, Rural Water Sewer and Solid Waste Management District No. 1, Logan County, Oklahoma ("Logan 1").1 Unhappy with the estimated cost of initiating and receiving services from Logan 1, plaintiffs filed a petition with the Logan County Board of County Commissioners ("Board") seeking to de-annex...

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