In Re Dakota Telecommunications Group

OPINION

SHORT, J.

Bresnan Communications Co., L.P. (Bres-nan) appeals by writ of certiorari the City of Marshall’s (city) grant of a second, nonexclusive cable television franchise to Dakota Telecommunications Group (DTG). On appeal, Bresnan argues the city acted arbitrarily and capriciously in granting DTG’s franchise without substantial evidence of DTG’s financial ability to construct and sustain its proposed cable system, and violated Bres-nan’s due process rights in denying a contested case proceeding. The city and DTG (collectively respondents) argue Bresnan’s claim is barred because the…