GTE Mobilnet of California Limited Partnership v. Carmel by-the-Sea, City of

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA

GTE MOBILNET OF CALIFORNIA LIMITED PARTNERSHIP, Case No. 22-cv-00347-NC 11 Plaintiff, ORDER GRANTING SUMMARY JUDGMENT IN FAVOR OF v. DEFENDANT AND INTERVENOR- DEFENDANTS

CARMEL-BY-THE-SEA, CITY OF,

Re: ECF 11 Defendant, and 15 LA PLAYA CARMEL HOTEL, LLC, and STOP CELL TOWERS IN CARMEL NEIGHBORHOODS, Intervenor-Defendants. 19 This suit arises from Plaintiff GTE Mobilnet of California LP (d/b/a Verizon Wireless)’s appeal of Defendant City of Carmel-by-the-Sea’s denial of its application for a wireless facility on Carmelo Street in Carmel-by-the-Sea, California. Verizon alleges that the City violated the Telecommunications Act of 1996 (TCA) and their settlement agreement when it did not timely deliver a written denial notice to Verizon. The City contests Verizon’s interpretation that the TCA requires delivery. Because the Court…