New Cingular Wireless PCS, LLC v. Fairfax County Board of Supervisors

I concur fully in Judge Agee’s fine opinion for the panel. As Judge Agee ably explains, substantial evidence supports the Board’s decision, and AT & T has failed to provide more than a scintilla of evidence from which a reasonable fact-finder could conclude that further efforts to secure approval for a wireless facility in Fort Hunt National Park are “so likely to be fruitless that it is a waste of time to try.” Maj. Op. at 277 (quoting USCOC of Virginia RSA # 3, Inc. v. Montgomery County Board of Supervisors, 343 F.3d 262, 268 (4th Cir.2003)). That is, I agree that AT & T’s evidence on the…