SUPERIOR COMMUNICATIONS, dba Smile FM v. CITY OF RIVERVIEW, MICHIGAN - Articles

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Posted by: Landry Butler on Feb 2, 2018

Court: 6th Circuit Court (Published Opinions)

Attorneys 1:

ARGUED: Cindy Rhodes Victor, KUS RYAN, PLLC, Auburn Hills, Michigan, for Appellant. Lisa A. Anderson, JOHNSON, ROSATI, SCHULTZ & JOPPICH, P.C., Farmington Hills, Michigan, for Appellee.

Attorneys 2:

ON BRIEF: Cindy Rhodes Victor, KUS RYAN, PLLC, Auburn Hills, Michigan, for Appellant. Lisa A. Anderson, Michael E. Rosati, JOHNSON, ROSATI, SCHULTZ & JOPPICH, P.C., Farmington Hills, Michigan, Randall A. Pentiuk PENTIUK, COUVREUR & KOBILJAK, P.C., Wyandotte, Michigan, for Appellee.

Judge(s): CLAY, GIBBONS, and COOK, Circuit Judges.

Court Appealed: Appeal from the United States District Court for the Eastern District of Michigan at Detroit.

JULIA SMITH GIBBONS, Circuit Judge. This appeal concerns a dispute over whether Superior Communications can significantly expand and upgrade its radio broadcast equipment located on a telecommunications tower owned by the City of Riverview, Michigan. Though Superior alleges violations of the Telecommunications Act and of its constitutional rights, this case in fact turns on the interpretation of a straightforward licensing agreement between the parties. Because this agreement prohibits Superior from expanding its equipment without approval from the City, we affirm the district court.