Glickman

Western Radio Services Co. v. Glickman

Good Law
113 F.3d 966·1997 WL 225871
United States Court of Appeals for the Ninth CircuitMay 7, 1997No. 96-35773California4,515 words

Opinion

Lead Opinion

Fletcher, J.

Western Radio Services Company (“Western”) and its president, Richard Oberdorfer, appeal from the district court’s grant of summary judgment in favor of the United States Forest Service (“Service”). This dispute arises out of the Service’s decision to grant a special use permit to Central Oregon Cellular (“Cellular One”) for a telecommunications facility on Dead Indian Mountain. We have jurisdiction pursuant to 28 U.S.C. § 1291 , and we affirm.

I. BACKGROUND

Dead Indian Mountain is located in Lake County, Oregon, in the Silver Lake District of Fremont National Forest. At the time Cellular One applied for the disputed permit, several entities already operated electronic communications facilities on Dead Indian Mountain pursuant to special use permits issued by the Service.

Administrative Proceedings

On August 17, 1994, Cellular One applied to the Service for a special use permit. Cellular One’s application proposed construction on Dead Indian Mountain of a 100-foot, self-supporting, steel-lattice tower holding four antennas and three microwave dishes, and a separate prefabricated concrete equipment shelter. The proposed site previously had served as a communications site.…

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