Omnipoint v. City of Huntington Beach, No. 10-56877 (9th Cir. 2013)
Annotate this CaseThe City appealed the district court's determination that the Telecommunications Act of 1996, Pub. L. No. 104-104, 110 Stat. 56, preempted its decision to require T-Mobile to obtain voter approval before constructing mobile telephone antennae on city-owned park property. T-Mobile cross-appealed the denial of permanent injunctive relief. The court concluded that section 332(c)(7)(A) of the Act has the following preemptive scope: (1) it preempts local land use authorities' regulations if they violate the requirements of section 332(c)(7)(B)(i) and (iv); and (2) it preempts local land use authorities' adjudicative decisions if the procedures for making such decisions do not meet the minimum requirements of section 332(c)(7)(B)(ii) and (iii). In this case, the voter-approval requirement imposed by Measure C was outside the City's framework for land use decision making because it did not implicate the regulatory and administrative structure established by the City's general plans and zoning and subdivision code. Therefore, the court concluded that it was not preempted and reversed and remanded for further proceedings.
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