United States Fourth Circuit
New Cingular Wireless PCS, LLC v. The Fairfax County Board of Supervisors, 10-2381
In a case in which a county board of supervisors denied a special exception application to build a telecommunications facility in a residential neighborhood, the district court's grant of summary judgment to the board is affirmed, where: 1) the board's denial of the application had substantial support in the record as a whole and complied with the substantial evidence requirement of the Telecommunications Act of 1996 at 47 USC section 332(c)(7)(B)(iii); and 2) the board’s ruling did not effectively prohibit the carrier from providing wireless services under the Act.
Appellate Information
- Decided 03/19/2012
- Published 03/19/2012
Judges
- Agee
Court
- United States Fourth Circuit
Counsel
- For Appellant:
- Hans J. Germann, Laura Schempf Gori