As an update to our blog posts dated May 29, 2013 (Communication Attacher Efforts Lead to Laws Governing Pole Owning Electric Cooperatives and Municipalities) and August 13, 2013 (Missouri Enacts Statute Favorable For Wireless Industry and Broadband Deployment), today the Circuit Court of Cole County, Missouri, enjoined and stayed the two Missouri laws (HB 345 and HB 331) discussed in those posts.
The laws were enjoined and stayed pursuant to a petition filed by several Missouri cities, including the Cities of Liberty and Independence. In their petition the cities claimed that the laws were “constitutionally defective,” and violate the “Single Subject, Clear Title, Original Purpose, Limitation on Introduction of Bills, Unfunded Mandate, Special Law, and Ex Post Facto provisions of the Missouri Constitution and infringe upon the separation of powers of the braches of state government.”
The court’s order, which contained no specific analysis or discussion, stated that “[t]he implementation, enforcement, application, or assertion of any provision of HB 331 or HB 345 will subject the [cities] to the unwarranted burdens of unconstitutional laws and immediate and irreparable injury, loss, or damage will result in the absence of relief and preservation of the status quo.”
DWT will keep you updated as this matter progresses.