United States Fourth Circuit

In a suit by T-Mobile against a city and the city council over the denial of its application for a conditional use permit to construct a wireless communication tower at an elementary school, the district court's injunction directing that the application be granted is affirmed, where: 1) the district court thoroughly reviewed the evidence supporting the permit and did not impermissibly shift T-Mobile's burden of proof to the city and its citizens; and 2) under the Telecommunications Act of 1996, there was not substantial evidence in the record to support the city’s denial of the application.

Appellate Information

• Decided 03/26/2012
• Published 03/26/2012

Judges

• Diaz

Court

• United States Fourth Circuit

Counsel

• For Appellant:
  
• Darlene P. Bradberry, Thomas Scott Thompson