Kccp Trust, a Delaware Statutory Trust, Doing Business as Time Warner Cable v. The City of North Kansas City

SMITH, Circuit Judge.

KCCP Trust, doing business as Time Warner Cable, (“Time Warner”) sued to enjoin the City of North Kansas City, Missouri, (“the City”) from building a fiber-optic network which it contended Missouri statutory and constitutional law prohibited in the absence of a referendum. The district court 1 dismissed for lack of jurisdiction without prejudice. We affirm.

I. Background

In June 2003, the City Council passed a resolution to commission a review of the City’s cable infrastructure. The City contracted with Black & Veatch Corporation, a private engineering firm, to conduct this…