Chemical Bank & Trust Co. v. Dimock

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• concluding that HUD regulations implementing Section 504 of the Rehabilitation Act do not create privately enforceable rights
• holding TCA preempts regulation on basis of RFEs but does not preempt mutually agreed upon provisions in lease agreement even if terms of lease agreement embodied stricter RF emission limits than those provided by the FCC
• “[T]he language and structure of the TCA implicitly recognize that some governmental decisions are not regulatory....”
• “The foundation of preemption doctrines is the Supremacy Clause, which invalidates state laws that interfere with, or are contrary to, federal law.” (citations, alterations and internal quotation marks omitted)
• school district’s requirement that Sprint limit emissions from a cellular tower installed on a school roof was not preempted by the Telecommunications Act where, inter alia, Sprint “may seek a lease elsewhere from a property owner who does not insist on such a condition”

Source: CourtListener parenthetical corpus (CC0).