City of Tucson v. U.S. West Communications, Inc.

OVERVIEW

U.S. West Communications, Inc., now Qwest Corporation (“Qwest”), appeals the district court’s Burford abstention order remanding this quo warranto/declaratory judgment action to state court. In response, the City of Tucson (“Tucson”) challenges our jurisdiction to hear Qwest’s appeal. Because we conclude that: (1) the' requirements for Burford abstention are not present, and (2) the Declaratory Judgment Act provides no bases for abstention, we reverse and remand for further proceedings in the district court.

BACKGROUND

Tucson is a municipal corporation and a political subdivision of Arizona. Qwest is a public service corporation registered in Colorado with its principal place of business in Colorado. Qwest provides telecommunication services in Arizona, specifically in Tucson, and has done so for over 100 years. To provide these services, Qwest installed, and currently operates and maintains, equipment and facilities within the public rights-of-way of Tucson.

*1131 Tucson filed a complaint in Arizona Superior Court for quo warranto or in the alternative for declaratory relief, alleging Qwest “illegally usurped and continues to illegally usurp the franchise…