· 2/10/2000
Airtouch Cellular v. City of El Cajon
Citations
- 83 F. Supp. 2d 1158
- 2000 U.S. Dist. LEXIS 4158
- 2000 WL 194312
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- finding substantial evidence (letters; petition; testimony regarding aesthetics, property values, safety, and privacy; and photographs
- noting the city’s decision denying permit “mention[ed] the difficulty of ‘assuring the residents of security and safety in their own homes,’” which was “a question of police power, not merely another ‘Not in My Backyard’ complaint”
- finding substantial evidence supported permit denial where, in addition to witness testimony, “the record contain[ed] photographs of the proposed site, reports by the PC’s Staff, news articles about the site, and a petition signed by 212 residents opposing the project
- city may rely on statements when “they are based on personal experience and not mere speculation”
- accepting parties’ stipulation that city bears burden of proof
Source: CourtListener parenthetical corpus (CC0).
Judges: Brewster
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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