United States Eighth Circuit

Dismissal for lack of jurisdiction of a suit seeking to enjoin municipal defendant from building a fiberoptic network is affirmed where plaintiff's claims that Missouri statutory and constitutional law prohibit such action in the absence of a referendum is not ripe for review.

Appellate Information

• Decided 12/29/2005
• Published 12/29/2005

Judges

• SMITH, Circuit Judge., Before LOKEN, Chief Judge, BYE, and SMITH, Circuit Judges.

Court

• United States Eighth Circuit

Counsel

• For Appellant:
  
• Bernard J. Rhodes, argued, Kansas City, MO (Michael P. O'Shea, on the brief), for appellant.


• For Appellees:
  
• James R. Borthwick, argued, Kansas City, MO (Michael E. Norton, Kansas City, on the brief), for appellee.