Supreme Court Sides With T-Mobile on Tower Citing
The Supreme Court ruled in T-Mobile v. City of Roswell that the Telecommunications Act requires local governments to provide timely reasons for denying a tower-citing request, and that simply sending a letter and providing a transcript of the hearing 26 days later did not cut it.
T-Mobile had sued the city of Roswell (GA), arguing that the city council denial was not supported by substantial evidence in a written decision stating the reasons. A district court agreed, but the Eleventh Circuit US court of Appeals concluded that the denial letter and transcript were sufficient. T-Mobile took it to the Supreme Court, which reversed and remanded the Eleventh Circuit, saying localities need to provide their reasoning essentially contemporaneously and stated clearly enough for judicial review.
Supreme Court Sides With T-Mobile on Tower Citing