Vertical Bridge Development, LLC v. Brawley City Council

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA 10 VERTICAL BRIDGE DEVELOPMENT, Case No.: 21-cv-02153-AJB-LR

LLC,

ORDER ON PLAINTIFF’S

Plaintiff, VOLUNTARY MOTION TO

DISMISS WITHOUT PREJUDICE

14 v. (Doc. No. 79) BRAWLEY CITY COUNCIL and THE

CITY OF BRAWLEY, CALIFORNIA,

and DOES 1 through 5, inclusive,

18 Defendants. 19 I. BACKGROUND This action arises from Brawley City Council and the City of Brawley, California’s (collectively, “Defendants”) decision to deny Vertical Bridge Development, LLC’s (“Plaintiff”) permission to construct a telecommunications tower in a city-owned park. On December 31, 2021, Plaintiff filed a Complaint against Defendants alleging five causes of actions—three federal claims and two state law claims. (Doc. No. 1.) Specifically, Plaintiff alleged federal claims under the Telecommunications Act of 1996 (“TCA”) for Lack of Substantial Evidence (Count I), Discrimination Between Providers of Equivalent Services (Count II), and Declaratory…