Block on Trump's Asylum Ban Upheld by Supreme Court
In an action under the Telecommunications Act of 1996 claiming that defendant-city improperly denied plaintiff permission to construct two wireless telecommunications facilities in the city's public rights of way, summary judgment for plaintiff is reversed where the city's denial was supported by substantial evidence, and disputed issues of material fact precluded a finding that the decision amounted to a prohibition on the provision of wireless service.
Argued and Submitted July 6, 2009
Filed October 14, 2009
Opinion by Judge Wardlaw