Legal Opinion

Verizon Wireless (VAW) v. City of Rio Rancho, NM

District Court, D. New Mexico

Decided March 8, 2007No. CV 06-0823 WPL/DJSPublishedCited by 7 opinions

1Opinion of the Court

ORDER DENYING DEFENDANT’S MOTION TO DISMISS

LYNCH, United States Magistrate Judge.

The City of Rio Rancho enacted an Ordinance that prohibits the construction or modification of wireless telecommunications facilities without a permit issued by the City. Verizon Wireless and T-Mobile Texas (the Companies) currently provide wireless communications services in the City and surrounding areas. They brought this suit for declaratory and injunctive relief, contending that the Ordinance is preempted by the comprehensive federal regulatory framework governing radio frequency (RF) emissions and by…

2Cases cited44 opinions

  1. Lujan v. Defenders of WildlifeSupreme Court of the United States · 1992
  2. Abbott Laboratories v. GardnerSupreme Court of the United States · 1967
  3. Robinson v. Shell Oil Co.Supreme Court of the United States · 1997
  4. United States v. Western Pacific RailroadSupreme Court of the United States · 1956
  5. Pacific Gas & Electric Co. v. State Energy Resources Conservation & Development CommissionSupreme Court of the United States · 1983

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3Cited by7 opinions

  1. Begay v. Public Service Co. of NMDistrict Court, D. New Mexico · 2010
  2. Rio Grande Kennel Club v. City of AlbuquerqueNew Mexico Court of Appeals · 2008
  3. Firstenberg v. CITY OF SANTA FE, NMDistrict Court, D. New Mexico · 2011
  4. United States v. Supreme Court of New MexicoDistrict Court, D. New Mexico · 2013
  5. Cellco Partnership v. City of RochesterDistrict Court, W.D. New York · 2020

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