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SCHLOSS v. CITY OF INDIANAPOLIS

No. 41S04-9005-CV-351.

553 N.E.2d 1204 (1990)

Robert E. SCHLOSS, Individually and As Representative of a Class, Appellant (Plaintiff below), v. CITY OF INDIANAPOLIS, Appellee (Defendant below).

Supreme Court of Indiana.

Rehearing Denied July 11, 1990.

Attorney(s) appearing for the Case

Henry J. Price, Jerry Garau, Price & Shula, Indianapolis, for appellant.

James B. Burroughs, City-County Legal Div., Indianapolis, for appellee.

SHEPARD, Chief Justice.

The questions presented in this case are whether the Cable Communications Policy Act of 1984, 47 U.S.C. §§ 521-559, preempts Ind. Code § 36-1-3-8(5) in the field of cable television franchise fees, and whether a cable television subscriber has standing to challenge the amount of such fees imposed by the City of Indianapolis.

The City of Indianapolis has granted cable television franchises to private companies. Pursuant...

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