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· 2/28/2008

Verizon Wireless v. DOUGLAS CNTY. KS BD. OF COM'RS.

Citations

  • 544 F. Supp. 2d 1218
  • 2008 U.S. Dist. LEXIS 15337
  • 2008 WL 559704

How courts have described this case

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

  • holding that a denial is not based on substantial evidence if it “imposes a burden upon [the plaintiff] to prove facts for which there is no requirement under state or local law”
  • explaining generalized “not in my backyard” opposition does not constitute substantial evidence
  • determinations of technical issues cannot be sustained as based on substantial evidence when they are based on the adjudicators own independent findings and opinions, rather than evidence and testimony in the record
  • ‘‘[s]uch generalized ‘not in my backyard’ opposition does not, as a matter of law, constitute substantial evidence on which to deny a proposed wireless telecommunications facility on aes- thetics grounds’’

Source: CourtListener parenthetical corpus (CC0).

Judges: David J. Waxse

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.