Legal Opinion
Illinois RSA No. 3, Inc. v. County of Peoria
District Court, C.D. Illinois
Decided April 28, 1997No. 96-3248PublishedCited by 55 opinions
1Opinion of the Court
OPINION
RICHARD MILLS, District Judge:
The Telecommunications Act of 1996 requires local governments to rule on requests to build cellular telecommunications facilities within a reasonable time and to issue written decisions that are based on substantial evidence in a written record.
In 1996, the County of Peoria denied Plaintiffs request to build a cellular communications tower.
Although the County acted within a reasonable time, it did not issue a written decision and substantial evidence did not support its decision.
Accordingly, the County’s decision cannot stand.
I. BACKGROUND
A. Parties
Plaintif…
2Cases cited27 opinions
- Anderson v. Liberty Lobby, Inc.Supreme Court of the United States · 1986
- Celotex Corp. v. Catrett, Administratrix of the Estate of CatrettSupreme Court of the United States · 1986
- Richardson v. PeralesSupreme Court of the United States · 1971
- Adickes v. S. H. Kress & Co.Supreme Court of the United States · 1970
- United States v. OlanoSupreme Court of the United States · 1993
22 more not listed; retrieve them via the Exa API.
3Cited by55 opinions
- 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
- Apt Pittsburgh Limited Partnership v. Penn Township Butler County Of PennsylvaniaCourt of Appeals for the Third Circuit · 1999
- Preferred Sites, LLC v. Troup CountyCourt of Appeals for the Eleventh Circuit · 2002
- Sprint Spectrum L.P. v. Town of EastonDistrict Court, D. Massachusetts · 1997
- SMART SMR OF NY v. Zoning Com'n of Town of StratfordDistrict Court, D. Connecticut · 1998
50 more not listed; retrieve them via the Exa API.