United States Eighth Circuit

In action to determine whether the utility or developer must bear costs of relocating utilities to accommodate construction of streets within city limits, district court judgment is affirmed where the court did not err in concluding plaintiff must bear the costs, as development is a private commercial development involving no city actors, and the city's conditions to a permit application's approval does not convert a private development into public works project.

Appellate Information

• Decided 07/17/2009
• Published 07/17/2009

Judges

• WOLLMAN, Circuit Judge., Before WOLLMAN, MELLOY, and GRUENDER, Circuit Judges.

Court

• United States Eighth Circuit

Counsel

• For Appellant:
  
• Richard C. Downing, Little Rock, AR, for appellant.


• For Appellees:
  
• Eric Glen Hughes, argued, Harry Edward Skinner, on the brief, Arkadelphia, AR, for appellee.