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JONES INTERCABLE SAN DIEGO v. CITY OF CHULA VISTA

No. 93-56397.

67 F.3d 846 (1995)

JONES INTERCABLE OF SAN DIEGO, INC., Plaintiff-Appellant, v. CITY OF CHULA VISTA; City Council of Chula Vista; Cliff Swanson, as City Engineer; John Lippitt, as Director of Public Works, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Decided October 5, 1995.

Attorney(s) appearing for the Case

Terry S. Bienstock, Philip J. Kantor, Bienstock & Clark, Miami, Florida; Jerold H. Goldberg, McDonald, Hecht & Solberg, San Diego, California, for plaintiff-appellant.

Cindy A. Brand, Deborah M. Kornheiser, Howard J. Silldorf, Silldorf, Burdman, Duignan & Eisenberg, San Diego, California; William M. Marticorena, Rutan & Tucker, Costa Mesa, California; Bruce M. Boogaard, Office of the City Attorney, City of Chula Vista, Chula Vista, California, for defendants-appellees.

Before: D.W. NELSON and CANBY, Circuit Judges, and TANNER, District Judge.

CANBY, Circuit Judge:

I.

Jones Intercable of San Diego, Inc., brought this action in district court against the City of Chula Vista. Jones alleged that the City had denied Jones' constitutional and statutory rights when it refused to permit Jones to operate a cable television system in areas newly annexed by the City. The district court granted summary judgment to the City, and Jones appeals. We affirm the district...

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