In an action challenging defendant-city's denial of plaintiff's application to erect a wireless antenna under the Telecommunications Act, summary judgment for plaintiff is affirmed where the city failed to rebut plaintiff's showing that the denial of the application amounted to an effective prohibition of wireless services.
Argued and Submitted June 1, 2009
Filed July 20, 2009
Opinion by Judge Callahan
T. Scott Thompson, Davis Wright Tremaine, LLP, Washington, DC