Legal Opinion
XO MISSOURI, INC., SOUTHWESTERN BELL TELEPHONE COMPANY, L.P., DOING BUSINESS AS SOUTHWESTERN BELL TELEPHONE COMPANY, — v. CITY OF MARYLAND HEIGHTS, —
Court of Appeals for the Eighth Circuit
Decided April 1, 2004No. 03-1467PublishedCited by 12 opinions
1Opinion of the Court
MELLOY, Circuit Judge.
XO Missouri, Inc. (“XO”) and Southwestern Bell Telephone, L.P. (“Bell”) brought separate actions to prevent enforcement of Maryland Heights Ordinance No.2000-1909 (the “Ordinance”) under which the City of Maryland Heights (the “City”) attempted to regulate and establish fees for telephone company use of public utility rights-of-way. The district court 1 consolidated the cases and ruled in favor of XO and Bell on various cross motions for summary judgment.
In a first order, the district court found that Bell enjoyed a perpetual franchise from the State of Missouri which…
2Cases cited8 opinions
- Hammerschmidt v. Boone CountySupreme Court of Missouri · 1994
- Greenbriar Hills Country Club v. Director of RevenueSupreme Court of Missouri · 1996
- Morrow v. City of Kansas CitySupreme Court of Missouri · 1990
- Carson v. OxenhandlerMissouri Court of Appeals · 1960
- Rashid Halabi v. John D. Aschroft, Attorney General of the United StatesCourt of Appeals for the Eighth Circuit · 2003
3 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- David Sample v. City of WoodburyCourt of Appeals for the Eighth Circuit · 2016
- Ogg v. Mediacom, L.L.C.Missouri Court of Appeals · 2004
- Ballard v. HeinemanCourt of Appeals for the Eighth Circuit · 2008
- United States v. Duane Collins ThundershieldCourt of Appeals for the Eighth Circuit · 2007
- Andrew Alexander v. Mary Jo Jensen-CarterCourt of Appeals for the Eighth Circuit · 2013
7 more not listed; retrieve them via the Exa API.