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TCI CABLEVISION v. CITY OF EUGENE

16-97-12233, A105860

38 P.3d 269 (2001)

177 Or. App. 433

TCI CABLEVISION OF OREGON, INC., and TCI Network Solutions, Inc., Respondents, v. CITY OF EUGENE, an Oregon municipal corporation, Appellant.

Court of Appeals of Oregon.

Decided October 31, 2001.

Attorney(s) appearing for the Case

William F. Gary, Eugene, argued the cause for appellant. With him on the briefs were Linda J. Kessel and Harrang Long Gary Rudnick P.C.

Duane A. Bosworth and William A. Davis, Portland, argued the cause for respondents. With them on the brief were Davis Wright Tremaine, LLP, and Tara Corvo and Mintz Levin Cohn Ferris Glovsky and Popeo, P.C., Washington, D.C.

Before LANDAU, Presiding Judge, and LINDER and BREWER, Judges.

LANDAU, P.J.

TCI Cablevision of Oregon, Inc. (TCI), and TCI Network Solutions, Inc. (TCINS), initiated this action for declaratory and injunctive relief, challenging the validity of the City of Eugene's (city) telecommunications ordinance. They contend that the ordinance is preempted by state and federal law. The trial court agreed and entered summary judgment in favor of TCI and TCINS. The city appeals, and we reverse and...

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