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QWEST CORP. v. CITY OF CHANDLER

No. 1 CA-CV 07-0852.

217 P.3d 424 (2009)

QWEST CORPORATION, a Colorado corporation; Qwest Broadband Services, Inc., a Delaware corporation, Plaintiffs/Appellees, v. CITY OF CHANDLER, an Arizona municipal corporation, Defendant/Appellant.

Court of Appeals of Arizona, Division 1, Department E.

August 27, 2009.

Attorney(s) appearing for the Case

Fennemore Craig PC By Andrew M. Federhar, Theresa Dwyer-Federhar, Scott J. Shelley, Phoenix, Attorneys for Plaintiffs/Appellees.

Chandler City Attorney's Office By James R. Cairns, III, Assistant City Attorney, Chandler, Attorney for Defendant/Appellant.

Andrew P. Thomas, Maricopa County Attorney By Stephen A. Wolf, Deputy County Attorney, Domingos R. Santos, Jr., Deputy County Attorney, Phoenix, Attorneys for Amicus Curiae Maricopa County.

Barbara LaWall, Pima County Attorney By Thomas A. Denker, Deputy County Attorney, Tucson, Attorneys for Amicus Curiae Pima County.

David R. Merkel, General Counsel, League of Arizona Cities and Towns, Tempe, Attorney for Amicus Curiae League of Arizona Cities and Towns.

OPINION

KESSLER, Judge.

¶ 1 In this appeal, we consider whether a pre-statehood franchise for electric telegraph service under Chapter 53, § 1 of the Compiled Laws of Arizona (1877) (the "1877 Law") exempts Qwest Corporation and Qwest Broadband Services, Inc. (collectively "Qwest") from having to pay the costs of relocating its telephone and cable lines from a public right of way when those lines interfere with a public purpose. We hold the franchise...

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