Legal Opinion
T-MOBILE NORTHEAST LLC v. City of Newport News
Court of Appeals for the Fourth Circuit
Decided March 26, 2012No. 11-1293PublishedCited by 47 opinions
1Opinion of the Court
Affirmed by published opinion. Judge DIAZ wrote the opinion, in which Judge KING and Judge GERGEL joined.
OPINION
DIAZ, Circuit Judge:
Following the denial of its application for a conditional use permit to construct a wireless communication tower at an elementary school, T-Mobile Northeast LLC filed suit in federal court, alleging that the denial violated the Telecommunications Act of 1996. The district court agreed and issued an injunction directing that T-Mobile’s application be granted. Because we, too, conclude that the denial is not supported by substantial evidence as required by the Act,…
2Cases cited13 opinions
- Universal Camera Corp. v. National Labor Relations BoardSupreme Court of the United States · 1951
- Nader v. BlairCourt of Appeals for the Fourth Circuit · 2008
- Pueschel v. PetersCourt of Appeals for the Fourth Circuit · 2009
- Joseph Battle v. Seibels Bruce Insurance Company South Carolina Insurance Company, and Glasgow Hicks Company North Carolina Joint Underwriting Association, Joseph Battle v. Seibels Bruce Insurance Company South Carolina Insurance Company, and Glasgow Hicks Company North Carolina Joint Underwriting AssociationCourt of Appeals for the Fourth Circuit · 2002
- At & T Wireless PCS, Inc. v. City Council of Virginia BeachCourt of Appeals for the Fourth Circuit · 1998
8 more not listed; retrieve them via the Exa API.
3Cited by47 opinions
- Heyer v. United States Bureau of PrisonsCourt of Appeals for the Fourth Circuit · 2017
- Tiffanie Hupp v. State Trooper Seth CookCourt of Appeals for the Fourth Circuit · 2019
- Thomas Francis v. Allstate Insurance CompanyCourt of Appeals for the Fourth Circuit · 2013
- Aaron Carter v. L. FlemingCourt of Appeals for the Fourth Circuit · 2018
- Terri Cowgill v. First Data Technologies, Inc.Court of Appeals for the Fourth Circuit · 2022
42 more not listed; retrieve them via the Exa API.