SANTA FE, N.M. (Legal Newsline) - A New Mexico internet service provider is suing the city of Santa Fe, citing an alleged violation of federal law.
CNSP Inc., also known as NMSURF, filed a complaint March 20, in the U.S. District Court for the District of New Mexico, against the city of Santa Fe, alleging the municipality delayed and prohibited the plaintiff's public rights-of-way access application and thus caused damages to its business.
According to the complaint, the plaintiff alleges CNSP suffered damages to its business, including lost profits. The plaintiff holds Santa Fe responsible because the defendant allegedly violated the equal protection clauses of the U.S. and New Mexico constitutions by denying the plaintiff's application of the public rights-of-way access.
The plaintiff requests a trial by jury and seeks a declaration that Chapter 27 of the City of Santa Fe code is invalid. The company wants to enjoin the city from enforcing Chapter 27, be awarded compensatory damages and interest, and the federal court to declare the defendant's donation of $1 million and all profits of the sale of internet service from this network to Cybermesa Inc., another internet firm, be paid back to the citizens of Santa Fe. The company also wants the city to pay a forfeiture penalty or fine.
The plaintiff is represented by Carl Hans Muller of Carl Hans Muller in Santa Fe.
U.S. District Court for the District of New Mexico Case number 1:17-cv-00355-KG-SCY