In an action challenging defendant-city’s denial of plaintiff’s application to erect a wireless antenna under the Telecommunications Act, summary judgment for plaintiff is affirmed where the city failed to rebut plaintiff’s showing that the denial of the application amounted to an effective prohibition of wireless services.

Read T-Mobile USA Inc. v. Anacortes, No. 08-35493

Appellate Information

Argued and Submitted June 1, 2009

Filed July 20, 2009

Judges

Opinion by Judge Callahan

Counsel

For Appellant:

Dan S. Lossing of Inslee, Best, Doezie & Ryder, P.S., Bellevue, WA

For Appellee:

T. Scott Thompson, Davis Wright Tremaine, LLP, Washington, DC

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