T-Mobile Northeast LLC v. Fairfax County, Virginia et al, No. 1:2010cv00117 - Document 54 (E.D. Va. 2010)
Court Description: MEMORANDUM OPINION Re: Motions for Summary Judgment. Signed by District Judge Gerald Bruce Lee on 12/17/10. (pmil)
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T-Mobile Northeast LLC v. Fairfax County, Virginia et al Doc. 54 IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF VIRGINIA ALEXANDRIA DIVISION T-Mobile Northeast LLC, Plaintiff, Case No. l:10-cv-117 (GBL/JFA) The Fairfax County Board of Supervisors, Defendant. MEMORANDUM OPINION THIS MATTER is before the Court on Plaintiff T-Mobile Northeast LLC's ("T-Mobile") Motion for Summary Judgment and Defendant Fairfax County Board of Supervisors' Motion for Summary Judgment. (the "Board") This case is an appeal of the Board's denial of T-Mobile's two land use applications, by which T-Mobile was seeking permission to install three antenna panels on a 10-foot extension of an existing 100-foot cell phone transmission pole. The issue before the Court is whether the Board's denial of T-Mobile's applications violated the Telecommunications Act. The Court concludes that the Board's denial of T-Mobile's applications does not violate the Telecommunications Act because (1) the Board's decision was supported by substantial evidence in the record, (2) the Board's decision did not unreasonably discriminate against providers of functionally equivalent services, and (3) the Board's decision did not prohibit, or have the effect of prohibiting, personal Dockets.Justia.com
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