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RANCHO PALOS VERDES v. ABRAMS

No. 03-1601.

544 U.S. 113 (2005)

CITY OF RANCHO PALOS VERDES ET AL. v. ABRAMS

Supreme Court of United States.

Decided March 22, 2005.

Attorney(s) appearing for the Case

Jeffrey A. Lamken argued the cause for petitioners. With him on the briefs were T. Peter Pierce, Gregory M. Kunert, and Nicholas P. Miller.

James A. Feldman argued the cause for the United States as amicus curiae urging reversal. With him on the brief were Acting Solicitor General Clement, Assistant Attorney General Keisler, Deputy Solicitor General Hungar, and Thomas M. Bondy.

Seth P. Waxman argued the cause for respondent. With him on the brief were William T. Lake, Jonathan J. Frankel, Paul R. Q. Wolfson, Brian W. Murray, Wilkie Cheong, Christopher D. Imlay, and David J. Kaufman.*

SCALIA, J., delivered the opinion of the Court, in which REHNQUIST, C. J., and O'CONNOR, KENNEDY, SOUTER, THOMAS, GINSBURG, and BREYER, JJ., joined. BREYER, J., filed a concurring opinion, in which O'CONNOR, SOUTER, and GINSBURG, JJ., joined, p. 127. STEVENS, J., filed an opinion concurring in the judgment, p. 129.

JUSTICE SCALIA delivered the opinion of the Court.

We decide in this case whether an individual may enforce the limitations on local zoning authority set forth in § 332(c)(7) of the Communications Act of 1934, 47 U. S. C. § 332(c)(7), through an action under Rev. Stat. § 1979, 42 U. S. C. § 1983.

I

Congress enacted the Telecommunications Act of 1996 (TCA), 110 Stat. 56, to promote competition...

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