AB Cellular LA, LLC v. City of Los Angeles

MEMORANDUM **

Residents Opposed to Neighborhood Cell Sites (Residents) appeals the district court’s order denying its motion to intervene for purposes of appeal. Residents’ motion was filed after the district court entered judgment in favor of AB Cellular LA (AB) in AB’s action against the City of Los Angeles. The district court held that the city violated the Telecommunications Act of 1996 when it denied AB’s application for a conditional use permit to construct and operate a wireless telecommunications facility at 1639 Silver Lake Boulevard in Los Angeles. The city did not appeal the district court’s judgment and Residents sought to intervene for purposes of appeal. We dismiss this appeal for lack of jurisdiction because Residents lacks Article III standing to appeal the district court’s judgment.

“[W]here no party appeals, the ‘case or controversy’ requirement of Article III ... qualifies an applicant’s right to intervene post-judgment.” Yniguez v. Arizona, 939 F.2d 727, 731 (9th Cir.1991). Thus, Residents must meet Article III “standing eriteria by alleging a threat of particularized injury from the order [it] seek[s] to reverse that would be avoided or redressed if [its]…