Legal Opinion
Keleher v. New England Telephone & Telegraph Co.
District Court, D. Vermont
Decided January 3, 1991No. Civ. A. No. 90-290PublishedCited by 2 opinions
1Opinion of the Court
OPINION AND ORDER
PARKER, District Judge.
In this diversity action, the City of Burlington (City) sued New England Telephone & Telegraph Company (NET) for a declaratory judgment and to recover fees due the City under the terms of the Street Franchise Fee Ordinance, Burlington Code of Ordinances Article VI, enacted on June 11, 1990. The ordinance provides that, absent an agreement with the City, telephone companies using city streets for poles, wires or other facilities must pay a franchise fee to the City of 2.5 percent of gross revenues received from sales and services within the City. NET…
2Cases cited7 opinions
- E. B. & A. C. Whiting Co. v. City of BurlingtonSupreme Court of Vermont · 1934
- Vermont Salvage Corp. v. Village of St. JohnsburySupreme Court of Vermont · 1943
- Hinesburg Sand & Gravel Co. v. Town of HinesburgSupreme Court of Vermont · 1977
- Erie Telecommunications, Inc. v. City of ErieDistrict Court, W.D. Pennsylvania · 1987
- Champlain Valley Exposition, Inc. v. Village of Essex JunctionSupreme Court of Vermont · 1973
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3Cited by2 opinions
- Keleher v. New England Telephone & Telegraph Co.Court of Appeals for the Second Circuit · 1991
- Brendan S. Keleher v. New England Telephone & Telegraph CompanyCourt of Appeals for the Second Circuit · 1991