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CITY OF MASON CITY v. CITY CENTER

No. 99-1004.

634 N.W.2d 667 (2001)

CITY OF MASON CITY, Appellant, v. CITY CENTER OF MASON CITY, INC., Appellee.

Supreme Court of Iowa.

October 10, 2001.

Attorney(s) appearing for the Case

Herman P. Folkers of Folkers and Keen, Mason City, for appellant.

Charles H. Levad of the Levad Law Office, Mason City, for appellee.

Mark R. Schuling of Brick, Gentry, Bowers, Swartz, Stoltze, Schuling & Levis, P.C., Des Moines, for amicus curiae Iowa Cable & Telecommunications Association.

TERNUS, Justice.

The appellant, City of Mason City, cited the appellee, City Center of Mason City, Inc. (City Center), for violation of a municipal ordinance prohibiting the operation of a cable communication system without a franchise. A judicial magistrate held that City Center had violated the city ordinance and ordered it to remove its cables from the public right-of-way. On appeal, the district court reversed and dismissed the citation against City Center, ruling...

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