Cooke et al v. Colorado City, Town of et al

Filing 723

AMENDED JUDGMENT AND PERMANENT INJUNCTION: The State of Arizona prevailed on its claims against Defendants Town of Colorado City, City of Hildale, Hildale- Colorado City Utilities, Twin City Water Authority, and Twin City Power. Judgment is entered in favor of the State of Arizona and against the Town of Colorado City in the amount of $50,000; against the City of Hildale in the amount of $50,000; against Hildale-Colorado City Utilities in the amount of $50,000; against Twin Ci ty Water Authority in the amount of $50,000; and against Twin City Power in the amount of $50,000. This injunction shall remain in place for ten years from the date of this Judgment, and the Court shall retain jurisdiction to enforce it. Signed by Senior Judge James A Teilborg on 11/25/2014. (See attached PDF for details)(ALS)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE DISTRICT OF ARIZONA

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Ronald Cooke, et al.,
Plaintiffs,

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v.

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No. CV-10-08105-PCT-JAT
AMENDED JUDGMENT AND
PERMANENT INJUNCTION

Town of Colorado City, et al.,

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Defendants.
This Amended Judgment and Permanent Injunction amends and supersedes the
Judgment and Permanent Injunction previously filed at Doc. 703.

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IT IS ORDERED AND ADJUDGED AS FOLLOWS:

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As stated in the Court’s findings of fact and conclusions of law, the State of

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Arizona prevailed on its claims against Defendants Town of Colorado City, City of

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Hildale, Hildale-Colorado City Utilities, Twin City Water Authority, and Twin City

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Power. Accordingly:

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1.

Judgment is entered in favor of the State of Arizona and against the Town

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of Colorado City in the amount of $50,000 as a civil penalty on the State’s claims under

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A.R.S. § 41-1491.14(B), § 41-1491.18, and § 41-1491.35(A)(1).

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2.

Judgment is entered in favor of the State of Arizona and against the City of

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Hildale in the amount of $50,000 as a civil penalty on the State’s claims under A.R.S. §

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41-1491.14(B), § 41-1491.18, and § 41-1491.35(A)(1).

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3.

Judgment is entered in favor of the State of Arizona and against Hildale-

Colorado City Utilities in the amount of $50,000 as a civil penalty on the State’s claims

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under A.R.S. § 41-1491.14(B), § 41-1491.18, and § 41-1491.35(A)(1).
4.

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Judgment is entered in favor of the State of Arizona and against Twin City

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Water Authority in the amount of $50,000 as a civil penalty on the State’s claims under

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A.R.S. § 41-1491.14(B), § 41-1491.18, and § 41-1491.35(A)(1).
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Judgment is entered in favor of the State of Arizona and against Twin City

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Power in the amount of $50,000 as a civil penalty on the State’s claims under A.R.S. §

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41-1491.14(B), § 41-1491.18, and § 41-1491.35(A)(1).
6.

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Defendants shall provide culinary water and all other available municipal

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utilities to the following persons and properties within thirty days of receiving a utility

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application and payment or agreement on a payment plan for utility fees from the

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respective person: (1) John Cook, for the property located at 960 N. Elm St., Hildale,

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Utah; and (2) Patrick Barlow, for the unfinished home located at 165 W. Cooke Ave.,

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Colorado City, Arizona. Defendants shall construct new lateral water lines if necessary to

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provide culinary water service to these persons. Defendants shall not charge these

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persons rates higher than Defendants have charged other utility customers for similar new

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connections, similar utility service, or new construction of lateral water lines.
7.

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During the ten-year period beginning from the date of this Judgment,

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Defendants and their agents shall not (1) discriminate because of religion against any

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person in the terms, conditions, or privileges of the provision of services or facilities in

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connection with the sale or rental of a dwelling; or (2) coerce, intimidate, threaten,

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interfere with, or retaliate against any person in the enjoyment of his or her dwelling

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because of religion or because that person has asserted rights, or encouraged others to

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assert their rights, protected by the federal Fair Housing Act or the Arizona Fair Housing

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Act.

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8.

Defendants and their agents shall not discriminate or retaliate against

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Ronald Cooke, Jinjer Cooke, the Cookes’ children, or any witnesses who testified in the

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trial in this case because of (1) religion; (2) that person’s involvement in this case; or (3)

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that person has asserted rights, or encouraged others to assert their rights, protected by the

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federal Fair Housing Act or the Arizona Fair Housing Act.
9.

This injunction shall remain in place for ten years from the date of this

Judgment, and the Court shall retain jurisdiction to enforce it.
Dated this 25th day of November, 2014.

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