Sprint Telephony PCS, L.P. v. County of San Diego
Opinion
Opinion
Keep, J.
ORDER GRANTING IN PART AND DENYING IN PART DEFENDANT’S MOTION FOR JUDGMENT ON THE PLEADINGS CONSTRUED AS A MOTION TO DISMISS
Defendants County of San Diego, Greg Cox, Dianne Jacob, Pam Slater, Ron Roberts, and Bill Horn (collectively “defendants”) filed a motion for judgment on the pleadings for failure to state a claim on November 17, 2003. Plaintiffs, Sprint Telephony PCS and Pacific Bell Wireless, filed an opposition to the motion for judgment on the pleadings on December 1, 2003. Defendants filed a reply on December 8, 2003. Both plaintiffs and defendants are represented by counsel.
I. Background
A. Factual Background
The following is taken from the pleadings and is not to be construed as findings of fact by the court.
Plaintiffs are federally licensed providers of commercial mobile radio service. See Complaint ¶ 1. They seek to implement a wireless telecommunications network throughout San Diego County and the nation. See id. ¶ 2. In order to develop such a network, plaintiffs intend to construct the infrastructure necessary to provide commercial mobile radio service, which includes the construction and installation of wireless antenna facilities within San Diego County.…