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XENIA RURAL WATER v. CITY OF JOHNSTON

No. 20-1027.

959 N.W.2d 113 (2021)

XENIA RURAL WATER DISTRICT, Appellant, v. CITY OF JOHNSTON, Iowa, Appellee.

Supreme Court of Iowa.

Filed May 7, 2021.

Rehearing Denied May 24, 2021.

Attorney(s) appearing for the Case

Steven M. Harris (argued) and Michael D. Davis of Doyle Harris Davis & Haughey, Tulsa, Oklahoma, and Frank M. Smith of Frank Smith Law Office, Des Moines, for appellant.

William J. Miller (argued) and Manuel A. Cornell of Dorsey & Whitney LLP, Des Moines, for appellee.

Stephen H. Locher (argued) of Belin McCormick, P.C., Des Moines, for amici curiae Association of Regional Water Associations, Iowa Regional Utilities Association, and Iowa Lakes Regional Water.

Amy Beattie (argued) and Allison Steuterman of Brick Gentry Law, PC, West Des Moines, for amicus curiae Iowa League of Cities.

Waterman, J., delivered the opinion of the court, in which all participating justices joined. McDermott, J., took no part in the consideration or decision of the case.

An Iowa municipality and a rural water district are litigating competing claims in federal court for the right to provide water service to disputed areas within two miles of the city limits. The city contends that it prevails under the "two-mile rule" codified in Iowa Code section 357A...

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