Legal Opinion
Qwest Corporation v. City of Des Moines, Iowa
Court of Appeals for the Eighth Circuit
Decided July 17, 2018No. 17-1257PublishedCited by 4 opinions
1Opinion of the Court
KELLY, Circuit Judge.
In this case, several wire-line telecommunications carriers (collectively, the Carriers) contest an ordinance enacted by the City of Des Moines, Iowa. The ordinance charges the Carriers for their use of public rights-of-way. The Carriers claim the ordinance is preempted by federal law, and exceeds the City's powers under Iowa Code chapter 480A. We affirm in part, vacate in part, and remand for further proceedings.
Wire-line carriers transmit telecommunications data through wires and cables. Often these wires are buried under, or suspended above, public rights-of-way like…
2Cases cited6 opinions
- Kragnes v. City of Des MoinesSupreme Court of Iowa · 2006
- Urban Hotel Development Co. v. President Development Group, L.C.Court of Appeals for the Eighth Circuit · 2008
- St. Paul Fire & Marine Insurance Company v. William SchrumCourt of Appeals for the Eighth Circuit · 1998
- Lauridsen v. City of Okoboji Board of AdjustmentSupreme Court of Iowa · 1996
- Lisa Kragnes v. City of Des Moines, IowaSupreme Court of Iowa · 2012
1 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Petters Company, Inc. - Adversary ProceedingUnited States Bankruptcy Court, D. Minnesota · 2019
- Progressive Preferred Insurance Company v. McMorrisDistrict Court, D. Minnesota · 2021
- Sherwin-Williams Company, The v. Beazley Insurance Company, Inc.District Court, D. Minnesota · 2020
- Strope-Robinson v. State Farm Fire and Casualty CompanyDistrict Court, D. Minnesota · 2019