Rock Energy Cooperative v. Village of Rockton

Dist Ct. did not err in dismissing on lack of ripeness grounds, plaintiff's lawsuit seeking declaration that defendant-Village did not have proper authority to either purchase certain utility company assets through memorandum of understanding between parties or to condemn said assets, even though voters had previously passed referendum allowing defendant to pay up to certain amount for said assets. Plaintiff's lawsuit was not ripe where: (1) plaintiff failed to show that defendant had actually contemplated use of eminent domain powers to obtain said assets in five years since referendum had passed; and (2) plaintiff would be able to raise merits of instant lawsuit in any future condemnation proceeding. Ct further found that plaintiff could not rely on existence of MOU to support ability of Dist. Ct. to resolve instant dispute where MOU listed state circuit court in its forum selection clause.