Cellco Partnership v. City of Elkhart Board of Zoning Appeals

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF INDIANA SOUTH BEND DIVISION CELLCO PARTNERSHIP d/b/a VERIZON WIRELESS, Plaintiff, v. CAUSE NO. 3:23cv913 DRL CITY OF ELKHART BOARD OF ZONING APPEALS, Defendant. OPINION AND ORDER The court granted summary judgment to petitioner Cellco Partnership d/b/a Verizon Wireless. It found the Elkhart Board of Zoning Appeals violated the “in writing” requirement of the Telecommunications Act of 1996 (TCA), 47 U.S.C. § 332(c)(7)(B)(iii), when the BZA denied, without articulating reasons for its decision, a petition for a use variance to situate a 135-foot…