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DEER CREEK WATER CORP. v. CITY OF OKLAHOMA CITY

No. 21-6155, No. 21-6164.

82 F.4th 972 (2023)

DEER CREEK WATER CORPORATION, Plaintiff Counter Defendant-Appellant/Cross-Appellee, v. CITY OF OKLAHOMA CITY; Oklahoma City Water Utilities Trust, Defendants Counterclaimants-Appellees/Cross-Appellants, and Thomas Wayne Boling; Gina Beth Boling, Intervenor Plaintiffs-Appellees/Cross-Appellees. Deer Creek Water Corporation, Plaintiff Counter Defendant-Appellee, and Thomas Wayne Boling; Gina Beth Boling, Intervenor Plaintiffs-Appellees, v. City of Oklahoma City; Oklahoma City Water Utilities Trust, Defendant Counterclaimants-Appellants.

United States Court of Appeals, Tenth Circuit.

FILED September 18, 2023.

Attorney(s) appearing for the Case

Andrew W. Lester of Spencer Fane LLP ( George S. Freedman of Spencer Fane LLP and Carrie L. Vaughn of Trimble Law Group, PLLC, with him on the briefs), Oklahoma City, Oklahoma, for Plaintiff/Counter-Defendant-Appellant/Cross-Appellee.

Scott A. Butcher ( L. Mark Walker with him on the brief) of Crowe & Dunlevy, Oklahoma City, Oklahoma, for Intervenor Plaintiffs-Appellees Thomas Wayne Boling and Gina Beth Boling.

Richard N. Mann , Assistant Municipal Counselor ( Kenneth Jordan , Municipal Counselor, and Sherri Katz and Craig B. Keith , Assistant Municipal Counselors, with him on the briefs) for Defendants-Appellees/Cross-Appellants City of Oklahoma City and Oklahoma City Water Utilities Trust.

Before BACHARACH, PHILLIPS, and MORITZ, Circuit Judges.

Deer Creek Water Corporation filed this action against Oklahoma City and Oklahoma City Water Utilities Trust (together, the City) seeking a declaratory judgment that the City may not provide water service to a proposed development on land owned by Thomas and Gina Boling (together, the developers), who later intervened in the...

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