Sprint PCS Assets, L.L.C. v. Palos Verdes Estates, No. 05-56106

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.

Read Sprint PCS Assets, L.L.C. v. Palos Verdes Estates, No. 05-56106

Appellate Information

Argued and Submitted July 6, 2009

Filed October 14, 2009

Judges

Opinion by Judge Wardlaw

Counsel

For Appellants:

Scott J. Grossberg, Richard R. Clouse, Amy R. von Kelsch- Berk, Cihigoyenetche, Grossberg & Clouse, Ranco Cucamonga, CA

Daniel P. Barer, Pollak, Vida & Fisher, Los Angeles, CA, for the appellants.

For Appellee:

John J. Flynn III, Gregory W. Sanders, and Michael W. Shonafelt, Nossaman, Guthner, Knox & Elliott, LLP, Irvine, CA