· 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 CourtListenerSourced from CourtListener / Free Law Project (CC0).
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