8th Circuit Upholds Missouri City Victory Over Spectra in Rights-of-Way Case

A federal appellate court upheld a lower court ruling dismissing Spectra Communications' claims that a Missouri city violated federal and state law by forcing the company to comply with a local ordinance on public rights of way, including pole attachments. A three-judge panel of the 8th U.S. Circuit Court of Appeals affirmed the decision by a judge of the U.S. District Court for the Western District of Missouri that sided with the city of Cameron, Missouri, against Spectra, which is owned by CenturyLink. "The district court dismissed one of Spectra's federal claims for failure to state a claim and, in light of parallel state court proceedings, later dismissed Spectra's remaining claims on the basis of res judicata or, alternatively, abstention. The district court also denied the City's motion for attorney fees. Spectra and the City filed cross appeals. We affirm," said the panel in its ruling Tuesday in Spectra Communications Group v. City of Cameron, No. 14-2808. Section 253 of the federal Communications Act "does not create an individual private right of action and the district court therefore did not err in dismissing Spectra's § 1983 claim. In addition, the district court did not abuse its discretion in abstaining under the Colorado River case or in denying the City's motion for attorney fees," the panel said.