City of University City v. AT & T Wireless Services

KURT S. ODENWALD, Chief Judge.

Introduction

The City of Lebanon, Missouri (“City”) appeals from the trial court’s final order and judgment denying City’s challenge to the rejection of its claim to be included in a settlement class by Defendant Alltel Communications, LLC (“Alltel”). City argues that the trial court erred in finding Section 26.8 of the Code of Laws of the City of Lebanon (“Section 26.8”) imposes a right of way usage fee rather than a Business License Tax, thereby removing City from the settlement class. Because the plain language of Section 26.8 imposes a “use or rental fee,” we…