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  5. 732 N.E.2d 149 (2000)
 

CITY OF GARY v. INDIANA BELL TEL. CO.

No. 45S03-0006-CV-393.

732 N.E.2d 149 (2000)

CITY OF GARY, INDIANA, Appellant (Defendant below), v. INDIANA BELL TELEPHONE COMPANY, INCORPORATED, d/b/a Ameritech Indiana, Appellee (Plaintiff below).

Supreme Court of Indiana.

Rehearing Denied September 25, 2000.

Attorney(s) appearing for the Case

Gilbert King, Jr., Gary, IN, William Malone, Miller & Van Eaton, P.L.L.C., Washington, D.C., Attorneys for Appellant.

Stanley C. Fickle, Michael R. Fruehwald, Daniel W. McGill, Nicholas K. Kile, Barnes & Thornburg, A. David Stippler, Ameritech Indiana, Indianapolis, IN, James L. Wieser, Randy H. Wyllie, Wieser & Sterba, Schererville, IN, Attorneys for Appellee.

ON PETITION TO TRANSFER

SULLIVAN, Justice.

Ameritech Indiana sought declaratory and injunctive relief to prevent the City of Gary from imposing a "requirements-based fee" on telecommunications providers using City rights-of-way. The trial court declared the fee void as an improper tax issued beyond the City's powers. We reverse in part, finding that the City was initially entitled to charge compensation...

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