Ruling on local government liability in wireless tower case [US SC] News
Ruling on local government liability in wireless tower case [US SC]

City of Rancho Palos Verdes v. Abrams, Supreme Court of the United States, Justice Scalia, March 22, 2005 [limiting the liability local governments face in fights over cell phone towers, holding that a small California town does not have to pay millions in attorneys' fees and damages to a local business man]. Excerpt:

Enforcement of §332(c)(7)through §1983 would distort the scheme of expedited judicial review and limited remedies created by §332(c)(7)(B)(v).We therefore hold that the TCA —by providing a judicial remedy different from §1983 in §332(c)(7)itself —precluded resort to §1983.The judgment of the Court of Appeals is reversed,and the case is remanded for further proceedings consistent with this opinion.

Read the full text of the opinion here [PDF]. Reported in JURIST's Paper Chase here.