DISCLAIMER: The following unofficial case summaries are prepared by the clerk's office
as a courtesy to the reader. They are not part of the opinion of the court.
083542P.pdf 07/17/2009 Joe Whisenhunt v. Southwestern Bell Telephone
U.S. Court of Appeals Case No: 08-3542
U.S. District Court for the Eastern District of Arkansas - Little Rock
[PUBLISHED] [Wollman, Author, with Melloy and Gruender, Circuit Judges]
Civil Case - declaratory judgment. In action to determine whether
utility or developer must bear costs of relocating utilities to accommodate
construction of certain streets within city limits, the district court did
not err in concluding developer must bear costs because development is a
private commercial development involving no city actors. City's
conditions to a permit application's approval does not convert a private
development into public works project.