7/31/2009      Ninth Circuit Orders Permit for Tower in Anacortes, Washington; Clarifies Test for "Effective Prohibition"

On July 20, 2009, the U.S. Court of Appeals for the Ninth Circuit issued a decision in the case T-Mobile USA Inc. v. City of Anacortes, App. Case No. 08-35493, Slip Op. (July 20, 2009). The case, Anacortes, is the court’s first decision on the application of federal laws to read more »

7/12/2009      SUPREME COURT DENIES SPRINT'S PETITION FOR CERTIORARI IN SPRINT V. COUNTY OF SAN DIEGO

The United States Supreme Court has denied Sprint's petition seeking review of the Ninth Circuit's En Banc decision. Thus, the En Banc decision is now final.

The decision may make it more difficult to bring facial challenges to local wireless ordinances absent proof of actual prohibitive effect, but leaves intact read more »