United States Ninth Circuit

In an action under the Telecommunications Act of 1996 claiming that defendant-city improperly denied plaintiff permission to construct two wireless telecommunications facilities in the city's public rights of way, summary judgment for plaintiff is reversed where the city's denial was supported by substantial evidence, and disputed issues of material fact precluded a finding that the decision amounted to a prohibition on the provision of wireless service.

Appellate Information

• Argued 07/06/2009
• Decided 10/14/2009
• Published 10/14/2009

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:
  
• Scott J. Grossberg, Richard R. Clouse, Amy R. von Kelsch-Berk, and Angelica A. Arias of Cihigoyenetche, Grossberg & Clouse, Ranco Cucamonga, CA, and Daniel P. Barer of Pollak, Vida & Fisher, Los Angeles, CA, for the appellants.


• For Appellees:
  
• John J. Flynn III, Gregory W. Sanders, and Michael W. Shonafelt of Nossaman, Guthner, Knox & Elliott, LLP, Irvine, CA, for the appellee.