City of Bristol, VA v. Earley

OPINION

JONES, District Judge.

In this suit by a municipality seeking a declaratory judgment that a Virginia statute is preempted by the federal Telecommunications Act of 1996, I grant summary judgment in favor of the plaintiff and declare the Virginia statute unenforceable under the Supremacy Clause of the Constitution.

I

The plaintiff in this case is the City of Bristol, Virginia, doing business as the Bristol Virginia Utilities Board (“City”). The City filed a complaint against Mark L. Earley, Attorney General of Virginia, and against the Commonwealth of Virginia, requesting a declaratory…