City of Gary, Indiana v. Indiana Bell Telephone Co.
Indiana Supreme Court
732 N.E.2d 149 (2000)
- Written by Sean Carroll, JD
Facts
On January 6, 1998, the City of Gary (defendant) adopted an ordinance imposing a fee on all telecommunications providers that used the city’s rights-of-way. The city intended to impose the fee as reasonable compensation for the providers’ use of the rights-of-way that were owned, controlled, and managed by the city. Indiana Bell Telephone Co. Inc. d/b/a Ameritech Indiana (Ameritech) (plaintiff), a telecommunications provider, sued the city, claiming that the fee was an improper tax. Ameritech also claimed that a March 13, 1998, amendment to Indiana state law preempted the ordinance. Specifically, the new state law prohibited municipalities from receiving payment for use of their rights-of-way that was in excess of the reasonably incurred costs to manage the rights-of-way. The trial court ruled that the city’s fee was an invalid tax. The city appealed.
Rule of Law
Issue
Holding and Reasoning (Sullivan, J.)
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