NE Colorado Cellular v. City of North Platte, No. 13-3190 (8th Cir. 2014)
Annotate this CaseViaero sought to construct a telecommunications tower in the City. After the City Council voted to deny Viaero's application for a permit to build the tower, Viaero filed suit for violation of the Telecommunications Act of 1996 (TCA), 47 U.S.C. 332. The court affirmed the district court's upholding of the City's decision where the City Council's denial of was "in writing" by being memorialized in a final resolution and "supported by substantial evidence."
Court Description: Civil case - Telecommunications Act of 1996. The City Council's decision to deny plaintiff's application to construct a wireless tower was memorialized in a formal resolution and this action satisfied the Act's requirement that the decision be "in writing;" the denial of the application was supported by substantial evidence.
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