American Tower Corporation v. City of San Diego

American Tower Corporation (ATC) is a leading owner and operator of telecommunication facilities, some of which are located in the City of San Diego. In 2007, the City denied ATC’s Conditional Use Permit (CUP) applications for three of its San Diego facilities. Disappointed with the City’s decision, ATC filed suit in federal district court, raising claims under, among other provisions, the California Permit Streamlining Act (PSA), the Federal Telecommunications Act (TCA), California Code of Civil Procedure § 1094.5, and the Equal Protection Clause of the United States Constitution. The district court granted summary judgment in favor of ATC on the PSA claim and in favor of the City on the other claims. ATC and the City now appeal.

We reverse the district court’s grant of summary judgment in favor of ATC on the PSA claim because we.conclude that the CUP applications were not deemed approved before the City denied them. Finding no violation of the TCA, California Code of Civil Procedure § 1094.5, or the Equal Protection Clause, we affirm the district court’s grant of summary judgment in favor of the City on the remaining claims.

I. FACTS AND PROCEDURAL HISTORY

ATC owns…