Aug 22, 2019

Eleventh Circuit Limits Local Utility Monopolies

City Water Supply

Can a municipal water utility use its monopoly to increase its natural gas sales to homeowners?  In Diverse Power, Inc. v. City of LaGrange, Georgia, Case No. 18-11014 (decided August 20, 2019), United States Court of Appeals for the Eleventh Circuit answered “no.” The City of LaGrange enjoys a monopoly on providing water service within the City of LaGrange and in portions of surrounding, unincorporated Troup County. The City also provides natural gas service to those areas.  In 2004, the La Grange City Council passed an ordinance that provided that for new residential construction outside of the city limits of… Read more