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South Elkhorn Village v. City of Georgetown — 6th Cir. (Oct 20, 2026)

No. 26-5121 Argued October 20, 2026 Published October 23, 2026

The Sixth Circuit hears South Elkhorn Village's dispute over a delayed sewer connection in Georgetown, Kentucky. The company bought undeveloped commercial land covered by a recorded subdivision map, or plat, and an earlier certification of sewer capacity. When it sought service, the utility applied new rules and placed its request in a queue, citing limited capacity. The company says the delay obstructed development and unlawfully undermined rights secured by the earlier certification. The request eventually received conditional approval, yet the company challenged the delay in court. The district court dismissed its constitutional and state-law claims. South Elkhorn will argue that the utility exceeded its authority and that the judge resolved disputed facts before discovery. The city and utility will defend their power to manage sewer capacity and deny any unconditional right to an immediate connection. Police power here means government's authority to regulate for public health and safety. The dispute also concerns a Kentucky statute governing cancellation of subdivision-map approval, and limits on local authority where state law controls. At this dismissal stage, courts generally accept well-pleaded facts as true, but not bare legal conclusions; the complaint must still plausibly support a legal claim.

South Elkhorn Village v. City of Georgetown (No. 26-5121) — U.S. Court of Appeals for the Sixth Circuit, argued October 20, 2026.

Sources
Case and argument date — official recordings listing:https://www.opn.ca6.uscourts.gov/internet/court_audio/aud1.php
Appeal and originating district case — dated calendar, PDF page 2:https://www.ca6.uscourts.gov/sites/ca6/files/documents/oral_argument_calendars/10192026_arg.pdf
Commercial property, sewer request, conditional approval and dismissal — district opinion, Document 20:https://www.govinfo.gov/content/pkg/USCOURTS-kyed-5_25-cv-00259/pdf/USCOURTS-kyed-5_25-cv-00259-0.pdf
Plat means subdivision map — Kentucky Revised Statutes 100.111(16):https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=46635
Municipal public-purpose authority and state-law limits — Kentucky Revised Statutes 82.082:https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=48682
Revocation of subdivision approval — Kentucky Revised Statutes 100.285:https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=26761
Facts, legal conclusions and plausible pleading — Iqbal majority, part IV A:https://www.law.cornell.edu/supct/html/07-1015.ZO.html

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