Hunter

Plaintiffs Robert Hunter and Scott Hunter own homes in a residential zone of the City of Whittier (hereinafter City). In 1985 they installed satellite television receiving antennas, also known as satellite dish antennas or satellite earth stations, on the roofs of their homes. City subsequently enacted an ordinance regulating satellite television receiving antennas in a residential zone, requiring an owner to obtain a conditional use permit. Plaintiffs applied for permits. City officials informed plaintiffs that a conditional use permit would be granted only on conditions that the height of the antennas be reduced to 15 feet above grade (which would require the antennas be placed on the ground, not on the roofs) and that the antennas be screened so as not to be visible from the street or surrounding properties. Plaintiffs exhausted administrative appeals, did not comply with the conditions, and after being threatened with legal proceedings or misdemeanor prosecution, filed the instant action to restrain enforcement of the ordinance and for damages. For themselves and on behalf of a class, they contended the ordinance is invalid under federal law, a 1986 regulation of the…