United States Ninth Circuit
Sprint PCS Assets, L.L.C. v. City of La Canada Flintridge, 05-55014
Summary judgment in favor of defendant-municipality upholding certain permit denials involving wireless telecommunications facilities based on aesthetic impact is reversed where defendant overstepped its regulatory authority under state law, its wireless ordinance is invalid, and no evidence supported the permit denial.
Appellate Information
- Argued 10/19/2005
- Decided 01/17/2006
- Published 01/17/2006
Judges
- Before CYNTHIA HOLCOMB HALL, DIARMUID F. O'SCANNLAIN, and RICHARD A. PAEZ, Circuit Judges.
Court
- United States Ninth Circuit
Counsel
- For Appellant:
- John J. Flynn, III, Nossaman, Guthner, Knox & Elliott, LLP, Irvine, CA, argued the cause for the appellants. Gregory W. Sanders and Michael W. Shonafelt were on the briefs.
- For Appellees:
- Scott J. Grossberg, Cihigoyenetche, Grossberg & Clouse, Rancho Cucamonga, CA, argued the cause for the appellees. Richard R. Clouse, Amy von Kelsch-Berk, and Angelica Arias were on the brief.