· 4/19/1999
John C. Aegerter and Air Page Corp. v. City of Delafield, Wisconsin
Citations
- 174 F.3d 886
- 15 Communications Reg. (P&F) 791
- 1999 U.S. App. LEXIS 7493
- 1999 WL 225310
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that the TCA does not prohibit local authorities \from applying general and nondiscriminatory standards derived from their zoning codes\
- stating that Telecommunications Act does not allow courts to “second guess” political decisions of local governments regarding placement of cell sites
- noting that, in writing the TCA, Congress left “most of the substantive authority to approve the location of personal wireless service facilities in the hands of state or local governments”
- referring in dicta to writing requirement as “the requirement for written findings, supported by substantial evidence in the written record”
- upholding zoning board’s denial of cell-phone tower because the tower would be “unsightly” and “inconsistent” with the neighborhood, in which residents bought their homes in reliance on the neighborhood’s existing residential character
- “Nothing in the Telecommunications Act forbids local authorities from applying general and nondiscriminatory standards derived from their zoning codes, and we note that aesth etic harmony is a prominent goal underlying almost every such code”
Source: CourtListener parenthetical corpus (CC0).
Judges: Coffey, Easterbrook, Wood
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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