White & Goodson v. State

How courts have described this case

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

• the question of prohibition under the TCA is “a legal one for the district court’s consideration in the first instance, without any deference to a local zoning board”
• “[C]ourts have uniformly held” the question of prohibition of services, unlike substantial evidence, to be a “legal one for the district court’s consideration in the first instance, without any deference to a local zoning board.”
• Plaintiff “could prevail on its effective-prohibition claim by showing that (1) the denial of a permit prevented [Plaintiff] from closing a \significant gap\ in existing services and (2) its proposed facility was the least intrusive means of doing so.” (emphasis added)

Source: CourtListener parenthetical corpus (CC0).