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SPRINT SPECTRUM, L.P. v. CITY OF MEDINA

No. C96-408WD.

924 F.Supp. 1036 (1996)

SPRINT SPECTRUM, L.P., Plaintiff, v. CITY OF MEDINA, Defendant.

United States District Court, W.D. Washington.

May 3, 1996.

Attorney(s) appearing for the Case

John Tayloe Washburn, Foster Pepper & Shefelman, Seattle, WA, for plaintiff.

Stewart Andrew Estes, Keating, Bucklin & McCormack P.S., Seattle, WA, Kirk Richard Wines, Kirk R. Wines, Seattle, WA, for defendant.

David A. Miller, Bellevue, WA, for amicus curiae Western Wireless Corporation.

C. James Judson, Davis Wright Tremaine, Seattle, WA, for amicus curiae Nextel Communications, Inc.

ORDER ON MOTION FOR PRELIMINARY INJUNCTION

DWYER, District Judge.

This case raises the question whether a city's six-month moratorium on issuing permits for additional wireless communications facilities (such as antenna towers) within its boundaries violates Section 704 of the Telecommunications Act of 1996 ("TCA"), 47 U.S.C. § 332(c), or the Omnibus Budget Reconciliation Act of 1993, 47 U.S.C. § 332(c)(3) ("1993 Act").

The defendant City...

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