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TCI AMERICAN CABLE HOLDINGS v. CITY OF UNION CITY
March 16, 2004.
TCI AMERICAN CABLE HOLDINGS, II, Plaintiff,
v.
CITY OF UNION CITY, Defendant
The opinion of the court was delivered by: VAUGHN WALKER, District Judge
IT IS HEREBY ORDERED AND ADJUDGED that:
1. Final judgment is entered in favor of plaintiff TCI
American Cable Holdings, II ("TCI") and against
Union City for damages, declaratory relief and
injunctive relief on TCI's first cause of action in
its second amended complaint for violation of the
Contract Clause of the United States Constitution.
2. Final judgment is entered in favor of TCI and
against Union City for declaratory relief and
injunctive relief on TCI's
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second cause of action in its second amended
complaint for violation of the Contract Clause of
the California Constitution.
3. The court hereby declares that: (a) Union City's
trench cut fee ordinance (enacted as part of Union
City Ordinance No 528-98 and codified at Union City
Municipal Code sections 12.08.275 and 12.08.280)
(collectively the "Trench Cut Fee Ordinance")
unconstitutionally impairs the terms of TCI's cable
television franchise and (b) TCI is entitled to
recover all illegal fees it has paid to Union City
under the Trench Cut Fee Ordinance.
4. The court hereby orders that Union City is
immediately and permanently enjoined from enforcing
the provisions of the Trench Cut Fee Ordinance
against TCI.
5. Damages shall be awarded in favor of TCI and
against Union City in the principal amount of
eighteen thousand three hundred and sixty-five
dollars and sixty cents ($6, 283.60).
6. Prejudgment interest shall be awarded in favor of
TCI and against Union City. Prejudgment interest
shall be calculated according to federal law.
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