Wayne Johnson and Judie Johnson v. City of Pleasanton, Wayne Johnson and Judie Johnson v. City of Pleasanton
Opinion
Opinion
Goodwin, J.
ORDER
The opinion filed November 23, 1992, is withdrawn.
The petition for rehearing is granted in part. A new opinion will be filed concurrently with this order.
OPINION
Wayne and Judie Johnson (“the John-sons”) appeal from a summary judgment in favor of the City of Pleasanton, and the City appeals from a partial summary judgment in favor of the Johnsons, in an action for damages and injunctive relief in a controversy over the installation of a satellite dish antenna alleged to be in violation of City of Pleasanton Municipal Code chapter 18.112 (“the Ordinance”).
The Ordinance sets height, screening, and setback requirements for satellite receive-only antennas. The Johnsons concede that their satellite dish does not conform to the Ordinance, but contend that their installation is protected by the Federal Communications Act (“FCA”), 47 U.S.C. § 605 , and the First and Fourteenth Amendments, all of which, they claim, trump the city’s land use regulation.
The City contends that its ordinance is a reasonable time, place, and manner regulation that is permissible under the First and Fourteenth Amendments, and that the FCC regulation under which the Johnsons claim that the city…