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Can You Hear Me Now? If Not, Read This

Posted in IMLA Briefs on August 28, 2014 By Lisa Soronen, Executive Director, SLLC

In T-Mobile South v. City of Roswell, the Supreme Court will decide whether a letter denying a cell tower construction application that doesn’t explain the reasons for the denial meets the Telecommunications Act of 1996 (TCA) “in writing” requirement. The State and Local Legal Center’s (SLLC) amicus brief, which IMLA joined, argues it does.

T-Mobile applied to construct a 108-foot cell tower in an area zoned single-family residential. The City of Roswell’s ordinance only allowed “alternative tower structures” in such a zone that were compatible with “the natural setting and surrounding structures.” T-Mobile proposed an “alternative tower structure” in the shape of a man-made tree that would be about 25-feet taller than the pine trees surrounding it.

After a hearing, where city councilmembers stated various reasons for why they were going to vote against the application, Roswell sent T-Mobile a brief letter saying the application was denied and that T-Mobile could obtain hearing minutes from the city clerk. Continue reading →

Supreme Court To Decide If Local Government’s Decision Is “In Writing”

Posted in Case Notes on May 5, 2014 By Kira Klatchko

In addition to addressing local-government prayer this morning, the Supreme Court also decided to hear and answer another question impacting local governments: when a city denies a request to place a cell tower, how formally must it act?

The Court granted cert in T-Mobile South, LLC v. City of Roswell, No. 13-975, which specifically asks what a local government must do to satisfy the Communications Act’s “in writing” requirement at 47 U.S.C. 332(c)(7)(B)(iii):

Any decision by a State or local government or instrumentality thereof to deny a request to place, construct, or modify personal wireless service facilities shall be in writing and supported by substantial evidence contained in a written record

As the Eleventh Circuit explained in its decision, some circuit courts have ruled Continue reading →

Monday Morning Review: Local Governments in the Federal Appellate Courts

Posted in Monday Morning Review on April 28, 2014 By Kira Klatchko

Here are last week’s published decisions involving local governments:

First Circuit

Green Mountain Realty Corp. v. Leonard, No. 13-2163 (Apr. 23, 2014) (finding that district court improperly granted summary judgment to Town on cell phone provider’s claim that Town “prohibited” it from providing service under 47 U.S.C. 332(c)(7) of the Communications Act).

Third Circuit

Hallsey v. Pheiffer, No. 13-1549 (Apr. 24, 2014) (reversing district court’s summary judgment for officers on fabrication, malicious prosecution, and coercion claims, in case arising out of suit brought by individual wrongly imprisoned for 22 years).

Continue reading →

Monday Morning Review: Local Governments in the Federal Appellate Courts

Posted in Monday Morning Review on April 7, 2014 By Kira Klatchko

Here are last week’s published decisions involving local governments:

Second Circuit

The Bronx Household of Faith v. Bd. of Educ. of the City of New York, No. 12-2730 (Apr. 3, 2014) (reversing district court’s decision and ruling that school may refuse to allow its facilities to be used for religious worship). See this post from Evan Seeman and Dwight Merriam at the RLUIPA Defense blog.
T.M. v. Cornwall Central School District, No. 12-4301 (Apr. 2, 2014) (finding that district court erred as a matter of law in concluding that the school district was not required under the Individuals with Disabilties Education Act to offer student a mainstream extended school year program simply because it does not offer such a program.).

Fourth Circuit

EEOC v. Baltimore County, No. 13-1106 (Mar. 31, 2014) (finding that county retirement plan unlawfully Continue reading →

Monday Morning Review: Local Governments in the Federal Appellate Courts

Posted in Monday Morning Review on December 16, 2013 By Kira Klatchko

Here are published decisions involving local governments from the federal appellate courts from December 9, 2013, through December 13, 2013:

Sixth Circuit

Henschel v. Clare County Road Commission, No. 13-1528 (Dec. 13, 2013) (in ADA claim brought by individual not permitted to return to work after accident, reversing grant of summary judgment to road commission because genuine issues of material fact remained about whether individual was qualified).

Seventh Circuit

Jones v. City of Elkhart, No. 12-3912 (Dec. 12, 2013) (affirming grant of summary judgment for City because officers had probable cause for arrest).

Ninth Circuit

Omnipoint Communications Inc. v. City of Huntington Beach, No. 10-56877 (Dec. 11, 2013) (finding that City initiative requiring voter approval for leasing of certain city property not preempted by the Communications Act). See our coverage here.