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HUBBARD BROADCASTING, INC. v. CITY OF ALBUQUERQUE

No. 9079.

477 P.2d 602 (1970)

HUBBARD BROADCASTING, INC., a corporation, Plaintiff-Appellee, v. CITY OF ALBUQUERQUE, a Municipal Corporation, and General Communications and Entertainment Co., Inc., a corporation, Defendants-Appellants.

Supreme Court of New Mexico.

December 7, 1970.

Attorney(s) appearing for the Case

Civerolo, Hansen & Wolf, Albuquerque, for General Communications.

Frank M. Mims, Albuquerque, for City of Albuquerque.

Frank R. Coppler, Santa Fe, amicus curiae, for Municipal League of New Mexico.

Modrall, Seymour, Sperling, Roehl & Harris, Peter J. Broullire, III, Albuquerque, Covington & Burling, John W. Douglas, Quin Denvir, Washington, D.C., for appellee.

OPINION

TACKETT, Justice.

This action was commenced in the District Court of Bernalillo County, New Mexico, for a declaratory judgment that defendant City of Albuquerque did not have authority to grant franchises to the defendant General Communications and Entertainment Company, Inc., hereinafter referred to as "GenCoE," to use the city streets and other public properties for a cable television system. The case was tried to the court without a jury and the...

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