T Mobile Northeast LLC v. City of Wilmington
Court of Appeals for the Third Circuit
1Opinion of the Court
JORDAN, Circuit Judge.
No one likes bad cell phone reception or slow streaming data on their smartphone, but that does not mean anyone wants a cellular antenna in their neighborhood, which is why there are zoning battles like the one central to this case.
T Mobile Northeast LLC ("T Mobile"), a wireless telecommunications service provider, applied to the Zoning Board of Adjustment ("ZBA") of the City of Wilmington, Delaware for permission to erect an antenna in the City. The ZBA said no. So, relying on a provision of federal law that allows a disappointed wireless service provider like T Mobile…
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