Laurence Wolf Capital Management Trust v. City of Ferndale

I would affirm the district court’s well-reasoned opinion that defendant, City of Ferndale (“Ferndale”), did not violate the requirements of the Telecommunications Act of 1996 (“Act”).

Contrary to the majority opinion, this court should conclude that the defendant complied with the “in writing” requirement of the Act. In addition, because the defendant introduced the required substantial evidence to support its denial of the requested “use variance,” this appellate review needs to determine the assignment of the burden of proof to the appropriate party, which the majority refuses to address.…