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LIGHTWAVE TECHNOLOGIES v. ESCAMBIA COUNTY

1991566.

804 So.2d 176 (2001)

LIGHTWAVE TECHNOLOGIES, LLC v. ESCAMBIA COUNTY.

Supreme Court of Alabama.

Rehearing Denied June 1, 2001.

Attorney(s) appearing for the Case

Mark D. Wilkerson and Amanda C. Carter of Brantley & Wilkerson, Montgomery, for appellant.

James B. Rossler of Stout & Rossler, Mobile; and Tillman L. Lay of Miller, Canfield, Paddock & Stone, Washington, D.C., for appellee.

Susan B. Livingston, Gregory C. Cook, and Yvonne N. Beshany of Balch & Bingham, L.L.P., Birmingham, for amicus curiae Alabama Power Company, in support of the appellant.

Mary E. Pons, Montgomery, for amicus curiae Association of County Commissions of Alabama, in support of appellee.

BROWN, Justice.

This case concerns the validity of a charge assessed by Escambia County to a telecommunications company that wished to install a fiber-optic cable along the public right-of-way. Because we conclude that this charge is, in reality, an unauthorized tax, we reverse the judgment of the trial court and render a judgment in favor of the telecommunications company, Lightwave Technologies, LLC.

Facts and Procedural History

Lightwave...

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