H. Robert Johnston , asst. gen. counsel, Alabama League of Municipalities, for amicus curiae Alabama League of Municipalities, in support of the appellant.
Joseph C. Espy III and Benjamin J. Espy of Melton, Espy & Williams, P.C., Montgomery, for amicus curiae Bellsouth Telecommunications, LLC, in support of the appellee.
R. Bernard Harwood, Jr. , of Rosen Harwood, P.A., Tuscaloosa, for amici curiae Manufacture Alabama and Alabama Industrial Electric Consumers, in support of the appellee.
John A. Garner , chief administrative law judge, Alabama Public Service Commission, Montgomery, for amicus curiae Alabama Public Service Commission, in support of the appellee.
Timothy J.F. Gallagher and Patrick L.W. Sefton of Sasser, Sefton & Brown, P.C., Montgomery, for amicus curiae Alabama Cable Telecommunications Association, in support of the appellee.
Barry Hair of Clark Hair & Smith PC, Birmingham, for amicus curiae Charter Communications, Inc., d/b/a Charter Spectrum, in support of the appellee.
PARKER, Chief Justice.1
The City of Wetumpka ("the City") sued Alabama Power Company ("Alabama Power") in the Elmore Circuit Court, because Alabama Power had refused to relocate overhead electrical facilities located within the City's downtown area at Alabama Power's expense. The circuit court dismissed the case, finding...
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