Global Tower Assets LLC v. Town of Rome, No. 15-1140 (1st Cir. 2016)Annotate this Case
Appellants sought permission from the Town of Rome Planning Board to build a wireless communications tower. The Planning Board voted to deny Appellants’ application. Appellants subsequently filed suit alleging various claims under the Telecommunications Act of 1996 (TCA), the Due Process Clause, and Maine law. The TCA provides relief to those who are denied permission to build telecommunications facilities at the state or local level through “final action.” The district court dismissed the majority of the TCA claims without prejudice because Appellants had not appealed to the Board of Appeals at the time they filed their TCA claims and also dismissed Appellants’ due process challenges. The First Circuit affirmed, holding (1) the district court correctly dismissed Appellants’ TCA claims, as the Planning Board’s decision did not mark the end of the administrative process and thus was not a “final action” for TCA purposes; and (2) Appellants’ federal constitutional due process claims were without merit.
The court issued a subsequent related opinion or order on January 14, 2016.