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· 8/21/2012

T-Mobile Central, LLC v. Charter Township of West Bloomfield

Citations

  • 691 F.3d 794
  • 2012 WL 3570666
  • 56 Communications Reg. (P&F) 1044
  • 73 A.L.R. Fed. 2d 533
  • 2012 U.S. App. LEXIS 17534

How courts have described this case

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

  • explaining that application of the substantial evidence test ensures that “a zoning board acted in conformity with the relevant local laws”
  • finding that evidence relied on by the local government, which was “merely alleged,” was not substantiated”
  • adopting the FCC’s approach and rejecting the “blanket ban” approach of the Second, Third, and Fourth Circuits
  • explaining tower opponent’s “ostensibly lay opinion” about wireless provider’s coverage in the area was not substantial evidence
  • identifying the reasons for denial listed in the municipality’s written decision and reviewing those reasons one at a time
  • adopting the “least intru- sive means” standard because it is “considerably more flexible” and the “analysis is straightforward”

Source: CourtListener parenthetical corpus (CC0).

Judges: Boggs, Cole, Oliver

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.