BellSouth Telecommunications, LLC v. Metropolitan Government of Nashville and Davidson County, Tennessee et al
| BellSouth Telecommunications, LLC |
| Metropolitan Government of Nashville and Davidson County, Tennessee, Megan Barry and Mark Sturtevant |
| 3:2016cv02509 |
| September 22, 2016 |
| US District Court for the Middle District of Tennessee |
| Nashville Office |
| Davidson |
| Barbara D. Holmes |
| Kevin H. Sharp |
| Other Statutory Actions |
| 28 U.S.C. ยง 1331 |
| None |
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Filing
108
ORDER: The Court GRANTS IN PART, DENIES IN PART, and RESERVES RULING IN PART on Plaintiffs' motions for summary judgment 44 , 49 and Defendants' motion for summary judgment 77 , as follows: 1. Plaintiffs' motions are GRANTED, and D efendants' motion is DENIED on Claim I. The Court DECLARES that the Ordinance is preempted by federal law as applied to utility poles owned by AT&T and other private parties. Defendants are PERMANENTLY ENJOINED from applying the Ordinance to uti lity poles owned by AT&T and other private parties; 2. On Count II, the Court RESERVES RULING. Plaintiffs may amend their complaints by December 6, 2017, to add NES as a party and to invoke the Tennessee Declaratory Judgment Act. Plaintiffs must serv e NES with their amended complaint and this Order within one week of filing the amended complaints. NES must file a preliminary response, as explained above, within one week of being served, and may further answer or respond as permitted by the Feder al Rules of Civil Procedure; 3. The Court GRANTS Defendants' motion and DENIES Plaintiffs' motions on Count III. The Court grants Defendants summary judgment on Plaintiffs' claims under the Contract Clauses of the United States and Ten nessee Constitutions. Defendants' motion to allow time for discovery 65 is DENIED. Signed by District Judge Victoria A. Roberts on 11/21/17. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(gb)
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