New Cingular Wireless PCS, LLC, d/b/a AT&T Mobility v. County of Marin California

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 NEW CINGULAR WIRELESS PCS, LLC, Case No. 20-cv-07915-SI

Plaintiff, ORDER GRANTING DEFENDANT’S

MOTION FOR PARTIAL SUMMARY

v. JUDGMENT AND DENYING

PLAINTIFF’S MOTION FOR PARTIAL

COUNTY OF MARIN, CALIFORNIA, SUMMARY JUDGMENT Defendant. Re: Dkt. Nos. 42,

12 On October 1, 2021, the Court held a hearing on the parties’ cross-motions for partial summary judgment regarding Counts II and III. For the reasons set forth below, the Court GRANTS defendant’s motion and DENIES plaintiff’s motion. 16 BACKGROUND I. Factual background Plaintiff New Cingular Wireless PCS, LLC (“AT&T”) seeks declaratory and injunctive relief based on the County of Marin’s denial of a use permit to construct a wireless communications facility in San Rafael, California. AT&T contends that it has been trying for a considerable time to obtain County approval of a site that would improve wireless services in…