Legal Opinion

Primeco Personal Communications, Limited Partnership, D/B/A Verizon Wireless v. City of Mequon, Cross-Appellee

Court of Appeals for the Seventh Circuit

Decided December 18, 2003No. 03-1514, 03-1548PublishedCited by 39 opinions

1Opinion of the Court

POSNER, Circuit Judge.

One of the concerns that led up to the enactment of the Telecommunications Act of 1996, 47 U.S.C. §§ 151 et seq., was that zoning decisions by local governments were unreasonably retarding the growth of cellphone and other wireless services. Congress decided not to preempt local regulation entirely, but instead (so far as bears on this case) to require that the denial by a zoning board or other state or local government body of a permit to construct “personal wireless service facilities,” such as an antenna high enough to be in the line of sight of cellphone users, as…

2Cases cited21 opinions

  1. Monell v. New York City Dept. of Social Servs.Supreme Court of the United States · 1978
  2. Middlesex County Sewerage Authority v. National Sea Clammers Assn.Supreme Court of the United States · 1981
  3. Blessing v. FreestoneSupreme Court of the United States · 1997
  4. Franklin v. Gwinnett County Public SchoolsSupreme Court of the United States · 1992
  5. Smith v. RobinsonSupreme Court of the United States · 1984

16 more not listed; retrieve them via the Exa API.

3Cited by39 opinions

  1. Michael Linet, Inc. v. Village of Wellington, FLCourt of Appeals for the Eleventh Circuit · 2005
  2. City of Rancho Palos Verdes v. AbramsSupreme Court of the United States · 2005
  3. T-Mobile Central, LLC v. Unified Government Wyandotte County KsCourt of Appeals for the Tenth Circuit · 2008
  4. T-MOBILE SOUTH LLC v. City of Jacksonville, Fla.District Court, M.D. Florida · 2008
  5. Kay v. City of Rancho Palos VerdesCourt of Appeals for the Ninth Circuit · 2007

34 more not listed; retrieve them via the Exa API.

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