Legal Opinion
City of Medina v. T-Mobile USA, Inc.
Court of Appeals of Washington
Decided August 2, 2004No. 52914-5-IPublishedCited by 3 opinions
1Opinion of the CourtAgid, J.
The city of Medina appeals a superior court decision rejecting its appeal from a hearing examiner’s decision granting T-Mobile USA, Inc.’s request for a special use permit (SUP) and three variances to construct a wireless communication facility (WCF) in Medina. It argues the trial court erred because the hearing examiner (1) improperly considered service issues when granting the variance, (2) did not apply the variance criteria set forth in the Medina Municipal Code (MMC) for each variance, (3) improperly placed the burden of proof on the city of Medina to show the WCF would cause material…
2Cases cited21 opinions
- Cellular Telephone Company, Doing Business as at & T Wireless Services v. The Town of Oyster Bay and the Town Board of the Town of Oyster BayCourt of Appeals for the Second Circuit · 1999
- Cellular Telephone Company, D/B/A At&t Wireless Services, F/k/a Cellular One New York Smsa Limited Partnership and Its General Partner Cellco Partnership, D/B/A Bell Atlantic Nynex Mobile Smart Smr of New York, Inc., D/B/A Nextel Communications v. Zoning Board of Adjustment of the Borough of Ho-Ho-Kus New York Smsa Limited Partnership and Its General Partner Cellco Partnership, D/B/A Bell Atlantic Nynex MobileCourt of Appeals for the Third Circuit · 1999
- Van Sant v. City of EverettCourt of Appeals of Washington · 1993
- Lakeside Industries v. Thurston CountyCourt of Appeals of Washington · 2004
- Benchmark Land Co. v. City of Battle GroundWashington Supreme Court · 2002
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3Cited by3 opinions
- City of Federal Way v. Town & Country Real Estate, LLCCourt of Appeals of Washington · 2011
- Lanzce G. Douglass, Inc. v. City of Spokane ValleyCourt of Appeals of Washington · 2010
- City of Federal Way v. TOWN & COUNTRYCourt of Appeals of Washington · 2011