Charles M. Guschke v. City of Oklahoma City

KANE, District Judge.

Plaintiff-Appellant commenced this action seeking a declaratory judgment that the Defendant-Appellee city’s blanket height zoning restrictions violated his rights under the Constitution and federal statutes. Plaintiff argued that the city’s zoning restriction on the height of radio towers located in residential areas was preempted by federal regulation of amateur radio operation, an unconstitutional restraint on interstate commerce, and an unconstitutional restraint on plaintiff’s right of free speech. The district court granted the defendant city’s motion for summary…