City of Mason City v. City Center of Mason City, Inc.

TERNUS, Justice.

The appellant, City of Mason City, cited the appellee, City Center of Mason City, Inc. (City Center), for violation of a municipal ordinance prohibiting the operation of a cable communication system without a franchise. A judicial magistrate held that City Center had violated the city ordinance and ordered it to remove its cables from the public right-of-way. On appeal, the district court reversed and dismissed the citation against City Center, ruling that City Center did not operate a “cable system” as that activity is defined in the ordinance. Upon our review, we reverse and…