At & T Wireless Services of California LLC v. City of Carlsbad
Opinion
Opinion
Miller, J.
ORDER GRANTING IN PART AND DENYING IN PART PLAINTIFF’S MOTION AND CROSS-MOTION FOR SUMMARY ADJUDICATION; DENYING DEFENDANTS’ CROSS-MOTION FOR SUMMARY ADJUDICATION
I. INTRODUCTION
Plaintiff AT & T Wireless (“ATT”) (successor in interest to GTE) has filed suit under, inter alia, section 704 of the Telecommunications Act of 1996 (“TCA”) ( 47 U.S.C. § 332 (c)(7)) alleging that the City of Carlsbad, as well other city employees acting in their official capacities, (cumulatively the “city”) unlawfully denied ATT’s application for Conditional Use Permit (“CUP”) No. 00-36. ATT requested the CUP in order to place a “stealth” wireless antenna site on residentially zoned property located at 7512 Cadencia Street. The key issue for purposes of the pending motions, is whether the city’s findings denying ATT’s application for CUP No. 00-36 are supported by substantial evidence in the administrative record and were not impermissibly based on public concern over the health effects of radio frequency (“RF”) emissions from the site in violation of the TCA. Pursuant to Local Rule 7.1(d)(1), the court finds these motions appropriate for decision without oral argument.