Omnipoint Holdings, Inc. v. City of Cranston, No. 08-2491

In plaintiff-wireless carrier's case against a city, the city's zoning board, and some of its members for denying a variance and special use permit to build a wireless communications tower in the city, district court's judgment in favor of the plaintiff is affirmed as the zoning board's decision was a final action for purposes of section 332(c)(7)(B) of the Telecommunications Act, and as such, the court did not err in finding that the zoning board's decision had the effect of prohibiting the provision of personal wireless services.   

Read Omnipoint Holdings, Inc. v. City of Cranston, No. 08-2491

Appellate Information

Appeal from the United States District Court for the District of Rhode Island

Decided November 3, 2009

Judges

Before:  Lynch, Chief Judge, and Gajarsa and Lipez, Circuit Judges

Opinion by Lynch, Chief Judge

Counsel

For Appellant:  Jeffrey S. Michaelson, Michaelson & Michaelson

For Appellee:   William A. Worth, Thomas M. Elcock and Prince, Lobel, Glovsky & Tye LLP