Legal Opinion
Cellco Partnership, d/b/a Verizon Wireless v. City of Elkhart Board of Zoning Appeals
District Court, N.D. Indiana
Decided January 9, 2026No. 3:23-cv-00913Unknown
1Opinion
UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF INDIANA SOUTH BEND DIVISION CELLCO PARTNERSHIP, d/b/a VERIZON WIRELESS, Plaintiff, v. CAUSE NO. 3:23cv913 DRL CITY OF ELKHART BOARD OF ZONING APPEALS, Defendant. OPINION AND ORDER Petitioner Cellco Partnership d/b/a Verizon Wireless (Verizon) returns post-remand to assert that the Elkhart Board of Zoning Appeals (BZA) violated the Telecommunications Act of 1996 (TCA) and state law. The court previously found for Verizon—holding that the BZA’s original decision to deny an application for a use variance to site a 135-foot wireless communication…
2Cases cited36 opinions
- Biestek v. BerryhillSupreme Court of the United States · 2019
- Universal Camera Corp. v. National Labor Relations BoardSupreme Court of the United States · 1951
- Securities & Exchange Commission v. Chenery Corp.Supreme Court of the United States · 1943
- Burlington Truck Lines, Inc. v. United StatesSupreme Court of the United States · 1962
- Wendell L. Stephens, Sr. v. Margaret Heckler, Secretary of Health and Human ServicesCourt of Appeals for the Seventh Circuit · 1985
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