United States Fourth Circuit

In an action under the Telecommunications Act of 1996, in which plaintiff challenged defendant's denial of plaintiff's application for permits to build two telecommunication towers in defendant's county, the district court's decision concluding that defendant improperly denied the silo tower but not the bell tower is affirmed, where: 1) the district court correctly held that the defendant's basis for its silo tower decision violated the prohibition against regulating on the basis of radio frequency emissions; and 2) plaintiff had standing to challenge defendant decision regarding the bell tower, but defendant's decision denying the bell tower application is supported by substantial evidence, did not have the effect of prohibiting the provision of personal wireless services in view of the possibility of other alternatives, and was not made on the basis of health concerns about radio frequency emissions.

Appellate Information

• Decided 04/03/2014
• Published 04/03/2014

Judges

• NIEMEYER

Court

• United States Fourth Circuit

Counsel