United States Ninth Circuit
Kay v. City of Rancho Palos Verdes, 05-56149
In an action arising from the denial of a conditional use permit for plaintiff who wanted to use pre-existing amateur antennae on the roof of a house in defendant-city for commercial wireless transmissions, judgment dismissing three of plaintiffs' claims and denying plaintiff compensatory damages is affirmed as: 1) the dismissed claims were now barred by the doctrine of res judicata; 2) the city was immune from damages under controlling California law; and 3) compensatory damages are not available under the Telecommunications Act (TCA), 47 U.S.C. section 332.
Appellate Information
- Argued 05/07/2007
- Decided 09/21/2007
- Published 09/21/2007
Judges
- WARDLAW, Circuit Judge:, Before: BARRY G. SILVERMAN, KIM McLANE WARDLAW, and JAY S. BYBEE, Circuit Judges.
Court
- United States Ninth Circuit
Counsel
- For Appellant:
- C.D. Michel, Glenn S. McRoberts, and Thomas E. Maciejewski of Trutanich Michel LLP, Long Beach, CA, for the plaintiffs-appellants.
- For Appellees:
- Carol W. Lynch, City Attorney, Rancho Palos Verdes, CA, for the defendants-appellees., T. Peter Pierce and David G. Alderson of Richards, Watson & Gerson, Los Angeles, CA, for the defendants-appellees.