Eisenstecken
Eisenstecken v. Tahoe Regional Planning Agency
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 9 MONICA EISENSTECKEN; TAHOE No. 2:20-cv-02349-DJC-CKD
STEWARDS, LLC; DAVID BENEDICT;
TAHOE FOR SAFER TECH; and
ENVIRONMENTAL HEALTH TRUST,
ORDER GRANTING DEFENDANTS’ Plaintiffs, MOTIONS TO DISMISS 13 v.
TAHOE REGIONAL PLANNING
AGENCY; JOANNE MARCHETTA, in her official and individual capacities; MARSHA BERKBIGLER, in her official and individual capacities; SUE NOVASEL, in her official and representative capacities; GUILLIAM NEL; SACRAMENTO VALLEY LIMITED PARTNERSHIP dba VERIZON WIRELESS; CITY OF SOUTH LAKE TAHOE; and DOES 1 through 100, inclusive, Defendants. 22 Defendants permitted and constructed wireless service facilities in the City of South Lake Tahoe. Plaintiffs allege that these facilities, though in compliance with federal regulations, produce unlawful radiofrequency emissions. Defendants argue all causes of action should be dismissed for failure to state a claim. The Court agrees, and…