AT&T WIRELESS SERVICES OF CALIFORNIA LLC v. CITY OF CARLSBAD

No. 01 CV 2045 JM(LAB).

308 F.Supp.2d 1148 (2003)

AT & T WIRELESS SERVICES OF CALIFORNIA LLC, a Delaware Limited Liability Company, D/B/A AT & T Wireless, Plaintiff, v. CITY OF CARLSBAD, et al., Defendants.

United States District Court, S.D. California.

February 3, 2003.


Attorney(s) appearing for the Case

Michael A Attanasio, Cooley Godward, San Diego, CA, Jeremy H Stern, Cole Raywid and Braverman, El Segundo, CA, Adam Caldwell, Edward L Donohue, Cole Raywid and Braverman, Washington, DC, for AT & T Wireless Service of California, LLC, a Delaware Limited Liability Company dba AT & T Wireless, plaintiff.

Ronald R Ball, City of Carlsbad, City Attorneys Office, Carlsbad, CA, Roberta R Sistos, Burke Williams and Sorensen, San Diego, CA, for City of Carlsbad, City Council of the City of Carlsbad, The City Council of the City of Carlsbad, Claude A Lewis, in his Official Capacity as a member of the City Council, Ann J Kulchin, in her Official Capacity as a member of the City Council, Ramona Finnila, in her Official Capacity as a member of the City Council, Matt Hall, in his Official Capacity as a member of the City Council, Julianne Nygaard, in her Official Capacity as a member of the City Council, City of Carlsbad, Planning Commission, Jeff Segall, in his Official Capacity as a member of the Planning Commission, Bill Compas, in his Official Capacity as a member of the Planning Commission, Ann L'Heureux, in her Official Capacity as a member of the Planning Commission, Courtney Heineman, in her Official Capacity as a member of the Planning Commission, Julie Baker, in her Official Capacity as a member of the Planning Commission, Seena Trigas, in her Official Capacity as a member of the Planning Commission, Robert Neilsen, in his Official Capacity as a member of the Planning Commission, defendants.


ORDER GRANTING IN PART AND DENYING IN PART PLAINTIFF'S MOTION AND CROSS-MOTION FOR SUMMARY ADJUDICATION; DENYING DEFENDANTS' CROSS-MOTION FOR SUMMARY ADJUDICATION

MILLER, District Judge.

I. INTRODUCTION

Plaintiff AT & T Wireless ("ATT") (successor in interest to GTE) has filed suit under, inter alia, section 704 of the Telecommunications Act of 1996 ("TCA") (47 U.S.C. § 332(c)(7)) alleging that the City of Carlsbad, as well other...

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