United States First Circuit

In a dispute over the location and height of plaintiff's proposed cellular phone tower and defendants' denial of plaintiff's request to construct the same, summary judgment in favor of defendants is reversed and remanded, where: 1) a reasonable finder of fact could have found that defendant's denials rejected the only feasible plan for remedying the coverage gap; and therefore, 2) the denials constituted an unlawful effective prohibition of T-Mobile's provision of wireless services unless plaintiff was allowed to build a cell phone tower that was somewhere between 90 and 120 feet tall.

Appellate Information

• Decided 04/23/2014
• Published 04/23/2014

Judges

• THOMPSON

Court

• United States First Circuit

Counsel