Legal Opinion
Omnipoint Communications, Inc. v. City of Huntington Beach
Court of Appeals for the Ninth Circuit
Decided December 11, 2013No. 17-35634PublishedCited by 4 opinions
1Opinion of the Court
OPINION
IKUTA, Circuit Judge:
The City of Huntington Beach appeals the district court’s determination that the Telecommunications Act of 1996, Pub.L. No. 104-104, 110 Stat. 56 (codified as amended at U.S.C. Titles 15, 18, and 47) (the TCA), preempted its decision to require Omnipoint Communications, Inc. (doing business as “T-Mobile”), to obtain voter approval before constructing mobile telephone antennae on city-owned park property. T-Mobile cross-appeals the district court’s denial of permanent injunctive relief. We conclude that the City’s decision'was not preempted and consequently reverse…
2Cases cited11 opinions
- Cipollone v. Liggett Group, Inc.Supreme Court of the United States · 1992
- Williamson County Regional Planning Commission v. Hamilton Bank of Johnson CitySupreme Court of the United States · 1985
- Medtronic, Inc. v. LohrSupreme Court of the United States · 1996
- Dolan v. City of TigardSupreme Court of the United States · 1994
- City of Rancho Palos Verdes v. AbramsSupreme Court of the United States · 2005
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3Cited by4 opinions
- Superior Commc'ns v. City of Riverview, Mich.Court of Appeals for the Sixth Circuit · 2018
- California Insurance Guarantee v. Alex M. Azar, IICourt of Appeals for the Ninth Circuit · 2019
- HiTex, LLC v. VorelDistrict Court, W.D. Oklahoma · 2022
- In Re: Sealed CaseCourt of Appeals for the D.C. Circuit · 2002