GTE Mobilnet of California Limited Partnership v. Town of Danville
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 GTE MOBILNET OF CALIFORNIA Case No. 19-cv-01886-JCS
LIMITED PARTNERSHIP,
8 Plaintiff, ORDER GRANTING PLAINTIFF'S MOTION FOR PARTIAL SUMMARY v. JUDGMENT ON THE FIRST CLAIM OF THE COMPLAINT
TOWN OF DANVILLE,
Re: Dkt. No. 28 Defendant.
12 Plaintiff GTE Mobilnet of California, L.P., d/b/a Verizon Wireless (“Plaintiff” or “Verizon”) filed its motion for a partial summary judgment on the first claim of its complaint, which alleged that Defendant Town of Danville’s (“Defendant” or “Town”) denial of Verizon’s application for a Land Use Permit (the “Application”) was not based on substantial evidence, in violation of 47 U.S.C. § 332(c)(7)(B)(iii)). The parties have agreed that the Court’s review of the claim addressed in this motion is limited to the administrative record and matters of which the Court takes judicial notice. See Dkt. No. 15, Joint CMS, ¶ 4, p. 5. …