Legal Opinion
Cellco Partnership v. City of Elkhart Board of Zoning Appeals
District Court, N.D. Indiana
Decided September 6, 2024No. 3:23-cv-00913Unknown
1Opinion
UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF INDIANA SOUTH BEND DIVISION CELLCO PARTNERSHIP, d/b/a Verizon Wireless, Plaintiff, v. CAUSE NO. 3:23-CV-913 DRL-SJF CITY OF ELKHART BOARD OF ZONING APPEALS, Defendant. OPINION AND ORDER Petitioner Cellco Partnership d/b/a Verizon Wireless (Verizon) brings this action against the City of Elkhart Board of Zoning Appeals (BZA) under the Telecommunications Act of 1996 (TCA) and state law. Verizon asserts that the BZA improperly denied an application for a use variance to situate a 135- foot wireless communication facility (monopole). Verizon…
2Cases cited11 opinions
- Biestek v. BerryhillSupreme Court of the United States · 2019
- Ohio v. RobertsSupreme Court of the United States · 1980
- Burlington Truck Lines, Inc. v. United StatesSupreme Court of the United States · 1962
- Florida Power & Light Co. v. LorionSupreme Court of the United States · 1985
- 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
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