Legal Opinion
Kay v. City of Rancho Palos Verdes
Court of Appeals for the Ninth Circuit
Decided September 21, 2007No. 18-16213PublishedCited by 24 opinions
1Opinion of the Court
WARDLAW, Circuit Judge:
James A. Kay, Jr. wanted to use the pre-existing amateur antennae on the roof of a house in the City of Rancho Palos Verdes (“the City”) for commercial wireless transmissions. The City denied him a conditional use permit (“CUP”), and Kay filed suit. The district court dismissed three of his claims, but ruled in his favor on his Telecommunications Act (“TCA”) and California state law claims. Although the district court granted injunctive relief, it found that the City enjoys immunity from damages, and denied Kay’s request for compensatory damages. Kay appeals the…
2Cases cited68 opinions
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- Gebser v. Lago Vista Independent School DistrictSupreme Court of the United States · 1998
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3Cited by24 opinions
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- Omnipoint Communications, Inc. v. City of Huntington BeachCourt of Appeals for the Ninth Circuit · 2013
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- Alega Preservation Institute v. AST Telecomm LLCDistrict Court, D. Hawaii · 2021
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