In plaintiff-wireless carrier's case against a city, the city's zoning board, and some of its members for denying a variance and special use permit to build a wireless communications tower in the city, district court's judgment in favor of the plaintiff is affirmed as the zoning board's decision was a final action for purposes of section 332(c)(7)(B) of the Telecommunications Act, and as such, the court did not err in finding that the zoning board's decision had the effect of prohibiting the provision of personal wireless services.
Appeal from the United States District Court for the District of Rhode Island
Decided November 3, 2009
Opinion by Lynch, Chief Judge
For Appellant: Jeffrey S. Michaelson, Michaelson & Michaelson