Legal Opinion
USOC of Greater Iowa, Inc. v. City of Bellevue
District Court, D. Nebraska
Decided August 28, 2003No. 4:03CV3197PublishedCited by 10 opinions
1Opinion of the Court
MEMORANDUM AND ORDER
KOPF, District Judge.
This case presents the question of whether the City of Bellevue wrongly denied an application for a conditional use permit that would have allowed the construction and operation of a cell phone tower. The primary issue is whether the City’s denial of the permit was “in writing” and “supported by substantial evidence contained in a written record” as required by a provision of the federal Telecommunications Act.
After a bench trial, I find and conclude that the City of Bellevue’s denial of the permit fails to meet the standards established by the…
2Cases cited17 opinions
- Ashwander v. Tennessee Valley AuthoritySupreme Court of the United States · 1936
- Cellular Telephone Company, Doing Business as at & T Wireless Services v. The Town of Oyster Bay and the Town Board of the Town of Oyster BayCourt of Appeals for the Second Circuit · 1999
- Town of Amherst v. Omnipoint Communications Enterprises, Inc.Court of Appeals for the First Circuit · 1999
- National Tower, LLC v. Plainville Zoning Board of AppealsCourt of Appeals for the First Circuit · 2002
- Preferred Sites, LLC v. Troup CountyCourt of Appeals for the Eleventh Circuit · 2002
12 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- T-Mobile Central v. UNIFIED GOV'T OF WYANDOTTEDistrict Court, D. Kansas · 2007
- Nextel West Corp. v. TOWN OF EDGEWOOD, NEW MEXICODistrict Court, D. New Mexico · 2006
- Verizon Wireless v. DOUGLAS CNTY. KS BD. OF COM'RS.District Court, D. Kansas · 2008
- FLORIDA RSA 8, LLC v. City of Chesterfield, Mo.District Court, E.D. Missouri · 2006
- T-MOBILE CENTRAL LLC v. City of FraserDistrict Court, E.D. Michigan · 2009
5 more not listed; retrieve them via the Exa API.