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SPRINT SPECTRUM v. CITY OF CARMEL, IN

No. 03-2216.

361 F.3d 998 (2004)

SPRINT SPECTRUM L.P., Plaintiff-Appellant, v. THE CITY OF CARMEL, INDIANA, the Board of Zoning Appeals for the City of Carmel and Clay Township, and Michael P. Hollibaugh, in his capacity as Director of the Department of Community Services, Carmel, Indiana, Defendants-Appellees.

United States Court of Appeals, Seventh Circuit.

Decided March 22, 2004.

Attorney(s) appearing for the Case

W. Scott Porterfield (argued), Barack, Ferrazzano, Kirschbaum, Perlman & Nagelberg, Chicago, IL, for Plaintiff-Appellant.

Judy G. Hester (argued), Smyth, Hester & Grisham, Carmel, IN, for Defendants-Appellees.

Cathy Elliott, Bose, McKinney & Evans, Indianapolis, IN, for Intervenor-Appellee.

Before DIANE P. WOOD, EVANS and WILLIAMS, Circuit Judges.

TERENCE T. EVANS, Circuit Judge.

One section of the historical Telecommunications Act of 1996 gives cellular telephone service providers the right to challenge local zoning decisions in federal court. 47 U.S.C. § 332(c)(7)(B)(v). While on its face a simple notion, "this statute fairly bristles with potential issues...." Cellular Tel. Co. v. Town of Oyster Bay, 166 F.3d 490, 494...

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