· 11/17/2008
T-Mobile Central, LLC v. Unified Government Wyandotte County Ks
Citations
- 546 F.3d 1299
- 46 Communications Reg. (P&F) 930
- 2008 U.S. App. LEXIS 23547
- 2008 WL 4900180
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- noting that “aesthetics can be a valid ground for local zoning decisions”
- to satisfy substantial evidence review under the TCA, “the fact-finder must adequately explain its reasons for rejecting or discrediting competent evidence”
- “In order [to] be supported by substantial evidence, the proffered reasons must comport with the objective criteria in existence .... Governing bodies cannot simply arbitrarily invent new criteria in order to reject an application.”
- “[T]he substantial evidence inquiry does not require incorporation of the federal standards imposed by the TCA, but instead requires a determination whether the zoning decision at issue is supported by substantial evidence in the context of applicable state and local law. ”
- “Judicial review under [§ 332] is quite narrow.”
Source: CourtListener parenthetical corpus (CC0).
Judges: Kelly, Baldock, O'Brien
Read full opinion on CourtListenerSourced 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.