Legal Opinion
City of Portland v. Electric Lightwave, Inc.
District Court, D. Oregon
Decided May 5, 2005No. Civ. 03-538-ASPublishedCited by 6 opinions
1Opinion of the Court
OPINION AND ORDER
ASHMANSKAS, United States Magistrate Judge.
OVERVIEW OF COMPLAINT
The City of Portland (City) filed a complaint against Electric LightWave, Inc. (ELI), for breach of contract for failing to pay franchise fees due and owing under a municipal franchise (Franchise Agreement) the City and ELI entered into eight years ago. Under the Franchise Agreement, the City granted ELI the right to construct and operate a telecommunications system, “in, under, and over the surface of the City’s streets.” In return, among other things, ELI agreed to pay the City compensation of 5% of its “gross…
2Cases cited28 opinions
- Anderson v. Liberty Lobby, Inc.Supreme Court of the United States · 1986
- Celotex Corp. v. Catrett, Administratrix of the Estate of CatrettSupreme Court of the United States · 1986
- City of Cleburne v. Cleburne Living Center, Inc.Supreme Court of the United States · 1985
- Plyler v. DoeSupreme Court of the United States · 1982
- Federal Communications Commission v. Beach Communications, Inc.Supreme Court of the United States · 1993
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3Cited by6 opinions
- Sprint Telephony PCS, L.P. v. County of San DiegoCourt of Appeals for the Ninth Circuit · 2008
- CNSP, Inc. v. City of Santa FeDistrict Court, D. New Mexico · 2022
- Sprint Telephony PCS, L.P. v. County of San DiegoCourt of Appeals for the Ninth Circuit · 2008
- Sprint Telephony Pcs v. County of San DiegoCourt of Appeals for the Ninth Circuit · 2008
- Time Warner Telecom of Oregon, LLC v. City of PortlandDistrict Court, D. Oregon · 2006
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