Appellate Court of Illinois

In an action to recover cable franchise fees from cable and internet service company defendants, dismissal of the action is reversed where: 1) the City has authority under the home rule provision of the Illinois Constitution to enforce its valid Renewal Agreements that include the 5% franchise fee; 2) the Agreements are valid contracts under state law and are not preempted by federal law; and 3) the franchise fee contemplated in the Agreements is not a tax prohibited by the federal Internet Tax Freedom Act. (Corrected 9/11/07)

Appellate Information

• Decided 08/22/2007
• Published 09/14/2007

Judges

Court

• Appellate Court of Illinois

Counsel