Courts may not enjoin in advance enactment of ordinances by local...
Courts may not enjoin in advance enactment of ordinances by local govts., U.S. Dist. Court, Portland, Me., ruled in rejecting Adelphia’s request to bar Board of Selectmen of town of Naples from adopting proposed cable franchise renewal ordinance in…
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light of failure of informal negotiations. Role of court is to intervene, if at all, only after legislative enactment has been passed, court said pointing out that no proposed ordinance had been submitted. In Oct. 1999, Adelphia acquired cable system from Frontier Vision whose 15-year franchise agreement expired in March 2000. Negotiations for renewal of franchise were based on proposal submitted by Frontier Vision, and Adelphia sought injunctive relief requiring town to accept 1999 proposal as Adelphia’s renewal franchise or, in alternative, permit company to file new formal proposal. Court said town’s failure to comply with 4-month deadline for issuance of franchise renewal or assessment that franchise shouldn’t be renewed constituted “harmless error.” Adelphia serves 900 customers in town.