Opinion Issued in City/USD 383 Lawsuit

The city of Manhattan has apparently won in a civil lawsuit regarding its termination of free water to Manhattan/Ogden’s USD 383. That’s the apparent ruling of the State Court of Appeals.

The eight page opinion says the city does not have any continuing obligation to provide free water to the school district, referring to the original deed on the land grant involved, which was conditioned on the use of the property to treat water for Manhattan city residents, a use that has long since ended.

The case was filed in December of 2010 and was a challenge by the school district regarding the city’s action in terminating the free water. The lower court granted the city’s motion for summary judgment in January of 2012, but USD 383 appealed the court’s ruling to the Kansas Court of Appeals.

The case was argued at the state level this past November.