Andy Davis

aldavis@press-citizen.com

A district court judge ruled Thursday that ImOn Communications can continue to build out its Iowa City infrastructure as Mediacom Communications Corporation's suit against the city and ImOn continues.

In his two-page ruling, U.S. District Court Judge Charles Wolle denied Mediacom's motion for a preliminary injunction, which would have blocked ImOn's expansion. Wolle wrote that Mediacom has not proved that the city or ImOn "have violated federal, or state law, or any Iowa City ordinance."

"This record does not show that Iowa City has acted unlawfully alone or in concert with ImOn; (Mediacom) proved no conspiracy," Wolle wrote in the ruling.

Mediacom lawsuit continues as ImOn launches services

The ruling, which comes after a Wednesday over-the-phone hearing, also said that, to date, ImOn has not been required to obtain a cable franchise, and Mediacom "has not shown it will suffer irreparable harm if not granted a preliminary injunction."

City Attorney Eleanor Dilkes said the city and ImOn have filed motions for summary judgment, and another hearing on those motions has been scheduled for July 11. Attorneys will submit written briefs to the court, and oral arguments will be heard at that hearing.

"If the summary judgment motion is denied, the case will proceed. If the summary judgment motion is granted, the case will be done at the district court level," Dilkes said.

Mediacom's suit, filed Dec. 21 with the U.S. District Court's Southern District of Iowa, alleges that agreements the city made with Cedar Rapids-based ImOn, approved by the Iowa City Council on Nov. 10, violate municipal and state law by requiring Mediacom to operate under a local franchise agreement.

The suit also claims that the city has breached its contract, good faith and fair dealing with Mediacom, and put Mediacom at a competitive disadvantage by not requiring the same of ImOn. Mediacom on March 29 amended its suit and added ImOn as a party in the case.

At its May 3 meeting, the Iowa City Council, during a closed session, approved an engagement agreement with the BrownWinick law firm out of Des Moines, which has expertise in the subject matter of the case. The agreement had to be approved by resolution because the estimated fees are expected to exceed the city manager's spending authority of $60,000, according to the resolution. Funds for the agreement are available in the city's risk account, the resolution said.

Reach Andy Davis at 319-887-5404 or at aldavis@press-citizen.com, and follow him on Twitter as @BylineAndyDavis.