Kern Tulare Water Dist. v. City of Bakersfield, California, 486 U.S. 1015 (1988). · Go Syfert
Search
Kern Tulare Water Dist. v. City of Bakersfield, California, 486 U.S. 1015 (1988). Cases Citing This Book View Copy Cite
184 citation events (48 in the last 25 years) across 35 distinct courts.
Strongest positive: Tomasenda D. Rivers v. Commissioner of Social Security (caed, 2025-10-08)
Treatment trajectory · 1988 → 2026 · click a year to view as-of
1988 2007 2026
Top citers, strongest first. 29 distinct citers. How cited ↗
cited Cited as authority (rule) Tomasenda D. Rivers v. Commissioner of Social Security
E.D. Cal. · 2025 · confidence medium
Cal. 21 1986), rev’d in part on other grounds, 828 F.2d 514 (9th Cir. 1987), cert. denied, 486 U.S. 1015 22 (1988); see also 389 Orange St.
discussed Cited as authority (rule) North Fork Bank v. Abelson (2×) also: Cited "see, e.g."
E.D.N.Y · 1997 · confidence medium
S. Ct. 1752, 100 L.Ed.2d 214 (1988).
discussed Cited "see" First Baptist Church of Friendly v. Beeson (2×)
Md. Ct. Spec. App. · 2004 · signal: see · confidence high
See Church of Scientology of Cal. v. Commissioner, 823 F.2d 1310 (9th Cir.1987), cert. denied, 486 U.S. 1015 , 108 S.Ct. 1752 , 100 L.Ed.2d 214 (1988) (affirming revocation where church transferred substantial funds to corporations controlled by its founder); Bubbling Well Church of Universal Love, Inc. v. Commissioner, 670 F.2d 104 (9th Cir.1981) (affirming denial of exemption when church failed to prove reasonableness of expenditures in relation to church activities); Basic Unit Ministry of Alma Karl Schurig v. United States, 511 F.Supp. 166 (D.D.C.1981) (affirming denial of exemption when c…
discussed Cited "see" Anthony Deneen Best v. Samuel A. Lewis, Director
9th Cir. · 1996 · signal: see · confidence high
See Church of Scientology v. Commissioner, 823 F.2d 1310, 1320 (9th Cir.1987) (stating that questions of motive implicating constitutional rights are reviewed de novo), cert. denied, 486 U.S. 1015 (1988). 22 We give great weight to the district court's finding that Byington was credible.
discussed Cited "see" IBI Security Service, Inc. v. National Westminster Bank USA (In Re IBI Security Service, Inc.) (2×)
E.D.N.Y · 1994 · signal: see · confidence high
See Kern-Tulare Water District v. City of Bakersfield, 634 F.Supp. 656, 667 (E.D.Cal.1986), aff'd in relevant part, rev’d in part, 828 F.2d 514 (9th Cir.1987), cert. denied, 486 U.S. 1015 , 108 S.Ct. 1752 , 100 L.Ed.2d 214 (1988).
discussed Cited "see" Faith Missionary Baptist Church v. Internal Revenue Service (In Re Faith Missionary Baptist Church) (2×)
Bankr. E.D. Tex. · 1994 · signal: see · confidence high
See Church of Scientology of Ca. v. Commissioner, 823 F.2d 1310 (9th Cir. 1987), cert. denied, 486 U.S. 1015 , 108 S.Ct. 1752 , 100 L.Ed.2d 214 (1988) (church was not entitled to tax exempt status because significant amounts of the church's funds were used to benefit the founder of the church); In re Dube, 169 B.R. 886, 893 (Bankr.N.D.Ill.1994) (to qualify under § 501(c), a church should have at a minimum its own “body of believers or communicants that assembles regularly in order to worship” and the church must be “reasonably available to the public in its conduct of worship, its educa…
discussed Cited "see" In Re Worlds of Wonder Securities Litigation (2×)
N.D. Cal. · 1993 · signal: see · confidence high
See Kenu-Tulare Water District v. City of Bakersfield, 634 F.Supp. 656, 665 (E.D.Cal.1986), affd in part and rev’d in part on other grounds, 828 F.2d 514 , cert. denied, 486 U.S. 1015 , 108 S.Ct. 1752 , 100 L.Ed.2d 214 (1988).
discussed Cited "see" Williams v. Adkinson (2×)
M.D. Ala. · 1992 · signal: see · confidence high
See Corporation of the Presiding Bishop v. Hodel, 830 F.2d 374, 381 (D.C.Cir.1987) (question presents interesting and unsettled issue of law), cert. denied, 486 U.S. 1015 , 108 S.Ct. 1752 , 100 L.Ed.2d 214 (1988).
discussed Cited "see" Lancaster Community Hospital v. Antelope Valley Hospital District, Lancaster Community Hospital, Plaintiff-Counter v. Antelope Valley Medical Group, Inc., and Antelope Valley Hospital District, Defendant-Counter-Claim-3rd Party-Plaintiff-Appellee (2×)
9th Cir. · 1991 · signal: see · confidence high
See Kern-Tulare Water District v. City of Bakersfield, 828 F.2d 514, 520 (9th Cir.1987) (water works), cert. denied, 486 U.S. 1015 , 108 S.Ct. 1752 , 100 L.Ed.2d 214 (1988); Grason Electric Co. v. Sacramento Municipal Utility District, 770 F.2d 833, 836-38 (9th Cir.1985) (local electrical utility district), cert. denied, 474 U.S. 1103 , 106 S.Ct. 886 , 88 L.Ed.2d 921 (1986); Preferred Communication, Inc. v. Los Angeles, 754 F.2d 1396 (9th Cir.1985) (cable television), aff'd on other grounds, 476 U.S. 488 , 106 S.Ct. 2034 , 90 L.Ed.2d 480 (1986).
discussed Cited "see" Lancaster Community Hospital v. Antelope Valley Hospital District (2×)
9th Cir. · 1991 · signal: see · confidence high
See Kern-Tulare Water District v. City of Bakersfield, 828 F.2d 514, 520 (9th Cir.1987) (water works), cert. denied, 486 U.S. 1015 , 108 S.Ct. 1752 , 100 L.Ed.2d 214 (1988); Grason Electric Co. v. Sacramento Municipal Utility District, 770 F.2d 833, 836-38 (9th Cir.1985) (local electrical utility district), cert. denied, 474 U.S. 1103 , 106 S.Ct. 886 , 88 L.Ed.2d 921 (1986); Preferred Communication, Inc. v. Los Angeles, 754 F.2d 1396 (9th Cir.1985) (cable television), aff 'd on other grounds, 476 U.S. 488 , 106 S.Ct. 2034 , 90 L.Ed.2d 480 (1986).
cited Cited "see" SECURITIES AND EXCHANGE COMMISSION, Appellee, v. Robert L. RIDENOUR, Appellant
8th Cir. · 1990 · signal: see · confidence high
See SEC v. Tome, 833 F.2d 1086 , 1096 (2d Cir.1987), cert. denied, 486 U.S. 1015 , *518 108 S.Ct. 1751 , 100 L.Ed.2d 213 (1989).
examined Cited "see" Orange County Agricultural Society, Inc. v. Commissioner of Internal Revenue (4×)
2d Cir. · 1990 · signal: see · confidence high
See Church of Scientology of California v. Commissioner, 823 F.2d 1310, 1316 (9th Cir.1987), cert. denied, 486 U.S. 1015 , 108 S.Ct. 1752 , 100 L.Ed.2d 214 (1988).
discussed Cited "see" New Era Publications International, Aps, a Corporation of Denmark v. Henry Holt and Company, Inc., a New York Corporation (2×)
2d Cir. · 1989 · signal: see · confidence high
See Church of Scientology of California v. Commissioner, 823 F.2d 1310 (9th Cir.1987), cert. denied, — U.S. —, 108 S.Ct. 1752 , 100 L.Ed.2d 214 (1988).
discussed Cited "see" Gutierrez v. Bowen
S.D.N.Y. · 1989 · signal: see · confidence high
See generally Corporation of Presiding Bishops v. Hodel, 830 F.2d 374, 380 (D.C.Cir.1987), cert. denied, — U.S. -, 108 S.Ct. 1752 , 100 L.Ed.2d 214 (1988); Sotomura v. County of Hawaii, 460 F.Supp. 473, 481-82 (D.Haw.1978); Robinson v. Ariyoshi, 441 F.Supp. 559 (D.Haw.1977), aff'd in relevant part, 753 F.2d 1468 (9th Cir.1985), vacated on other grounds, 477 U.S. 902 , 106 S.Ct. 3269 , 91 L.Ed.2d 560 (1986).
discussed Cited "see, e.g." Central Valley Chrysler-Jeep, Inc. v. Goldstene (2×)
E.D. Cal. · 2008 · signal: see, e.g. · confidence low
See, e.g., Kern-Tulare Water Dist. v. City of Bakersfield, 634 F.Supp. 656, 665 (E.D.Cal.1986), aff'd in part and rev’d in part on other grounds, 828 F.2d 514 (9th Cir.1987), cert. denied, 486 U.S. 1015 , 108 S.Ct. 1752 , 100 L.Ed.2d 214 (1988).
discussed Cited "see, e.g." Hansen v. Schubert (2×)
E.D. Cal. · 2006 · signal: see, e.g. · confidence low
See, e.g., Kenu-Tulare Water Dist. v. City of Bakersfield, 634 F.Supp. 656, 665 (E.D.Cal.1986), affd in part and rev’d in part on other grounds, 828 F.2d 514 (9th Cir.1987), cert. denied, 486 U.S. 1015 , 108 S.Ct. 1752 , 100 L.Ed.2d 214 (1988).
discussed Cited "see, e.g." Walker v. Carnival Cruise Lines (2×)
N.D. Cal. · 2000 · signal: see, e.g. · confidence low
See e.g., Kern-Tulare Water Dist. v. City of Bakersfield, 634 F.Supp. 656, 665 (E.D.Cal.1986), aff'd in part and rev’d in part on other grounds, 828 F.2d 514 (9th Cir.1987), cert. den’d, 486 U.S. 1015 , 108 S.Ct. 1752 , 100 L.Ed.2d 214 (1988).
discussed Cited "see, e.g." United States v. Bell (2×)
E.D. Cal. · 1999 · signal: see, e.g. · confidence low
See, e.g., Kern-Tulare Water Dist. v. City of Bakersfield, 634 F.Supp. 656, 665 (E.D.Cal.1986), aff'd. in part and rev’d in part on other grounds, 828 F.2d 514 (9th Cir.1987), cert. denied, 486 U.S. 1015 , 108 S.Ct. 1752 , 100 L.Ed.2d 214 (1988).
discussed Cited "see, e.g." United States v. Bell (2×)
E.D. Cal. · 1998 · signal: see, e.g. · confidence low
See, e.g., Kern-Tulare Water Dist. v. City of Bakersfield, 634 F.Supp. 656, 665 (E.D.Cal.1986), aff'd in part and rev’d in part on other grounds, 828 F.2d 514 (9th Cir.1987), cert. denied, 486 U.S. 1015 , 108 S.Ct. 1752 , 100 L.Ed.2d 214 (1988).
discussed Cited "see, e.g." Southeast Rural Volunteer Fire Department v. Nebraska Department of Revenue (2×)
Neb. · 1997 · signal: see also · confidence low
See, also, Church of Scientology of California v. C.I.R., 823 F.2d 1310 (9th Cir. 1987), cert. denied 486 U.S. 1015 , 108 S. Ct. 1752 , 100 L.
discussed Cited "see, e.g." William R. Richardson v. Commissioner of Internal Revenue
9th Cir. · 1996 · signal: see, e.g. · confidence low
See, e.g., Church of Scientology v. Commissioner, 823 F.2d 1310, 1319 (9th Cir.1987), cert. denied, 486 U.S. 1015 (1988). 4 Richardson contends that the Tax Court clearly erred by finding that his church was not entitled to tax-exempt status under section 501(c) of the Code. 1 We disagree. 5 In order to qualify for exemption, Richardson must show that his church is (1) organized and (2) operated exclusively for religious or charitable purposes.
discussed Cited "see, e.g." Preserve Endangered Areas of Cobb's History, Inc. v. United States Army Corps of Engineers (2×)
N.D. Ga. · 1995 · signal: see, e.g. · confidence low
See, e.g., Kem-Tulare Water District v. City of Bakersfield, 634 F.Supp. 656, 665 (E.D.Cal 1986), affd. in part and rev’d. in part, 828 F.2d 514 (9th Cir.1987), cert. denied, 486 U.S. 1015 , 108 S.Ct. 1752 , 100 L.Ed.2d 214 (1988).
discussed Cited "see, e.g." PRESERVE ENDANGERED AREAS OF COBB'S v. US Army (2×)
N.D. Ga. · 1995 · signal: see, e.g. · confidence low
See, e.g., Kern-Tulare Water District v. City of Bakersfield, 634 F.Supp 656, 665 (E.D.Cal 1986), aff'd in part and rev'd in part, 828 F.2d 514 (9th Cir.1987), cert. denied, 486 U.S. 1015 , 108 S.Ct. 1752 , 100 L.Ed.2d 214 (1988).
discussed Cited "see, e.g." Preserve Endangered Areas of Cobb's History, Inc. v. United States Army Corps of Engineers (2×)
unknown court · 1995 · signal: see, e.g. · confidence low
See, e.g., Kern-Tulare Water District v. City of Bakersfield, 634 F.Supp 656, 665 (E.D.Cal 1986), aff'd in part and rev’d in part, 828 F.2d 514 (9th Cir.1987), cert. denied, 486 U.S. 1015 , 108 S.Ct. 1752 , 100 L.Ed.2d 214 (1988).
examined Cited "see, e.g." American Economy Insurance v. Reboans, Inc. (4×)
N.D. Cal. · 1995 · signal: see, e.g. · confidence low
See, e.g., Kern-Tulare Water Dist. v. City of Bakersfield, 634 F.Supp. 656, 665 (E.D.Cal.1986), aff'd in part and rev’d in part on other grounds, 828 F.2d 514 (9th Cir.1987), cert. denied, 486 U.S. 1015 , 108 S.Ct. 1752 , 100 L.Ed.2d 214 (1988).
discussed Cited "see, e.g." Glavor v. Shearson Lehman Hutton, Inc. (2×)
N.D. Cal. · 1994 · signal: see, e.g. · confidence low
See, e.g., Kern-Tulare Water Dist. v. City of Bakersfield, 634 F.Supp. 656, 665 (E.D.Cal.1986), aff'd in part and rev’d in part on other *1033 grounds, 828 F.2d 514 (9th Cir.1987), cert. denied, 486 U.S. 1015 , 108 S.Ct. 1752 , 100 L.Ed.2d 214 (1988).
discussed Cited "see, e.g." Pacific Group v. First State Insurance (2×)
N.D. Cal. · 1993 · signal: see, e.g. · confidence low
See, e.g., Kern-Tulare Water Dist. v. City of Bakersfield, 634 F.Supp. 656, 665 (E.D.Cal.1986), aff'd in part and rev’d in part on other grounds, 828 F.2d 514 (9th Cir.1987), cert. denied, 486 U.S. 1015 , 108 S.Ct. 1752 , 100 L.Ed.2d 214 (1988).
discussed Cited "see, e.g." Living Faith, Inc. v. Commissioner of Internal Revenue (2×)
7th Cir. · 1991 · signal: see also · confidence low
Granzow v. Commissioner, 739 F.2d 265, 268 (7th Cir.1984); see also Church of Scientology v. Commissioner, 823 F.2d 1310, 1317 (9th Cir.1987), cert. denied, 486 U.S. 1015 , 108 S.Ct. 1752 , 100 L.Ed.2d 214 (1988); Senior Citizens Stores, Inc. v. United States, 602 F.2d 711, 713 (5th Cir.1979).
discussed Cited "see, e.g." Painting Industry of Hawaii Market Recovery Fund v. United States Department of the Air Force (2×)
D. Haw. · 1990 · signal: see also · confidence low
Decker Coal Co. v. Hartman, 706 F.Supp. 745, 750 (D.Mont.1988), citing, All Hawaii Tours v. Polynesian Cultural Center, 116 F.R.D. 645, 649 (D.Haw.1987), partially rev’d on other grounds, 855 F.2d 860 (9th Cir.1988); see also, Great Hawaiian Financial Corp. v. Aiu, 116 F.R.D. 612, 616 (D.Hawaii 1987), citing, Kern-Tulare Water Dist. v. City of Bakersfield, 634 F.Supp. 656, 665 (E.D.Cal.1986), aff’d in part and rev’d in part on other grounds, 828 F.2d 514 (9th Cir.1987), cert. denied, 486 U.S. 1015 , 108 S.Ct. 1752 , 100 L.Ed.2d 214 (1988).
Retrieving the full opinion text from the archive…
Kern Tulare Water District
v.
City of Bakersfield, California
87-1433.
Supreme Court of the United States.
May 16, 1988.
486 U.S. 1015
White.
Cited by 63 opinions  |  Published
Reporter's Syllabus — editorial summary, not part of the Court's opinion

On petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit.

The petition for a writ of certiorari is denied.

Justice WHITE, dissenting.

Lead Opinion

C. A. 9th Cir. Certiorari denied.

Dissent

Justice White,

dissenting.

This Court has previously held that a municipality is immune from antitrust liability under the state-action exemption if it can demonstrate that “it is engaging in the challenged activity pursuant to a clearly expressed state policy.” Hallie v. Eau Claire, 471 U. S. 34, 40 (1985); see Parker v. Brown, 317 U. S. 341 (1943). It is not necessary that the legislature explicitly state that it intends municipalities to engage in anticompetitive conduct pursuant to the state policy; it is enough that “anticom-petitive effects logically would result from [the] broad authority to regulate.” Hallie, supra, at 42. From these principles, I had thought it clear that an antitrust violation would be established by showing that a municipality restrained trade by acting contrary to the clearly articulated state policy. Yet the Ninth Circuit has held here that ordinary “abuses” by local authorities in the field generally covered by the state policy are matters for state tribunals and not concerns of federal antitrust policy. 828 F. 2d 514, 522 (1987).

The mischief of this unwarranted expansion of the state-action exemption can be seen in the facts of this case. All agree that an integral part of California’s state water policy is its prohibition[*1016] against waste and unreasonable uses of water. Id., at 519 (citing Cal. Const., Art. 10, §2; Cal. Wáter Code Ann. §106.5 (West 1971)). Furthermore, the state policy expressly encourages municipalities to transfer water rights so as to improve the efficiency of water use. Cal. Water Code Ann. §109 (West Supp. 1987). Here, petitioner water district alleged that respondent city' controlled sources of water exceeding its annual needs, was in the business of reselling the surplus water for rural irrigation, and had entered a 35-year contract with petitioner, providing that petitioner would pay respondent $400,000 per year for 20,000 acre-feet of water per year. The water district alleged that, contrary to past years under the contract, the city refused to allow the district to transfer excess water to third parties, who evidenced their need for it by their willingness to pay. The city sent a letter explaining its stance as necessary to effectuate the contractual provision requiring that the water be used only, by the district. Because the city refused to allow the district to transfer the water to third parties and because the district did not need the water, it eventually ran into the state aqueduct, either to be wasted as runoff into the sea or to flow to communities outside of the Kern County water basin. Whatever the fate of the dumped water, petitioner alleges that the city prevented the transfer to maintain its control of the resale market for irrigation water in Kern County.

The irony of the Ninth Circuit’s decision is its bestowing of antitrust immunity for such conduct based on a state statutory scheme, which is intended to promote efficient use of water and prevent its waste. It seems questionable that the contractual prohibition of transfer rights, possibly resulting in the waste of the water and certainly preventing an efficient transfer, was the kind of action that the California Legislature contemplated when it enacted the statutory scheme. Hallie, supra, at 44. Municipal actions that contravene express limits in the state policy would not seem to be taken pursuant to a clearly articulated policy and thus would not seem to be shielded by the state-action exemption. The Ninth Circuit’s characterization of the alleged violation of state policy as an ordinary error or occasional abuse seems insufficient to insulate the municipality from liability for action that restrains competition. There seems little room in the Sherman Act’s prohibition of restraint of trade for such a forgiving rule.[*1017] Because I do not believe that every municipality deserves one free anticompetitive bite, I would grant certiorari.