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CHARTER COMMUNICATIONS v. COUNTY OF SANTA CRUZ

Nos. 01-15846, 01-16975.

304 F.3d 927 (2002)

CHARTER COMMUNICATIONS, INC., a Delaware corporation; Charter Communications Properties, LLC; Paul G. Allen, Plaintiffs-Appellees, v. COUNTY OF SANTA CRUZ, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed September 20, 2002.

Attorney(s) appearing for the Case

Robert S. Bower (argued) and Todd O. Litfin, Rutan & Tucker, Costa Mesa, California, for the defendant-appellant.

Julia M.C. Friedlander (argued) and Lisa S. Gelb, City of San Francisco, San Francisco, California, for amici curiae City and County of San Francisco, on behalf of the defendant-appellant.

Richard R. Patch (argued) and A. Marisa Chun, Coblentz, Patch, Duffy & Bass, San Francisco, California, for the plaintiffs-appellees.

Jeffrey Sinsheimer, California Cable Television Association, Oakland, California; National Cable & Telecommunications Association, Washington, D.C.; and American Cable Association, Pittsburgh, Pennsylvania, amici curiae, on behalf of the plaintiffs-appellees.

Before HAWKINS and SILVERMAN, Circuit Judges, and RESTANI, Judge.

HAWKINS, Circuit Judge.

These cases surround one central issue: did Santa Cruz County reasonably withhold consent to a change in ownership of a cable franchise? Because we determine the County's denial of consent was reasonable and lawful, we reverse the district court's decision on the merits, mooting the issue of attorney's fees in the companion case.

I. FACTUAL BACKGROUND

The core dispute here involves...

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