Sprint Telephony PCS, L.P. v. County of San Diego

ORDER (1) GRANTING IN PART AND DENYING IN PART SPRINT’S MOTION FOR PARTIAL SUMMARY JUDGMENT (2) GRANTING IN PART AND DENYING IN PART COUNTY’S MOTION FOR SUMMARY JUDGMENT, OR IN THE ALTERNATIVE, PARTIAL SUMMARY JUDGMENT; AND (3) ORDERING ENTRY OF FINAL JUDGMENT

On December 1, 2004, Sprint Telephony PCS, L.P. (“Sprint”) filed a motion for partial summary judgment. On December 17, 2004, defendants County of San Diego, Greg Cox, Dianne Jacob, Pam Slater, Ron Roberts and Bill Horn (collectively “County”) filed a motion for summary judgment, or, in the alternative, partial summary judgment. For the reasons discussed below, Sprint’s motion is GRANTED IN PART AND DENIED IN PART and the County’s motion is GRANTED IN PART AND DENIED IN PART.

I. PROCEDURAL BACKGROUND

Sprint and Pacific Bell Wireless, LLC, dba Cingular Wireless (“Pacific Bell”) (collectively “Plaintiffs”) commenced this action on July 15, 2003. In their Complaint, Plaintiffs allege that the County’s Ordinance No. 9549 N.S. (‘WTO” or the “Ordinance”), which amended the San Diego County Zoning Ordinance (“Zoning Ordinance”) relating to wireless telecommunications facilities, violates the Federal Telecommunications Act of…