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SPRINT PCS ASSETS v. CITY OF LA CANADA

No. 05-55014.

435 F.3d 993 (2006)

SPRINT PCS ASSETS, L.L.C., a Delaware limited liability company, wholly-owned by Sprint Telephony PCS, L.P., a Delaware limited partnership, Plaintiff-Appellant, v. CITY OF LA CAÑADA FLINTRIDGE, a public entity; Stephen A. Del Guercio, in his official capacity as Mayor of the City of La Cañada Flintridge; Laura Olhasso, in her official capacity as Mayor Pro Tem of the City of La Cañada Flintridge; Anthony J. Portantino, in his official capacity as Council Member of the City of La Cañada Flintridge; Gregory Brown, in his official capacity as Council Member of the City of La Cañada Flintridge; David A. Spence, in his official capacity as Council Member of the City of La Cañada Flintridge, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed January 17, 2006.

Attorney(s) appearing for the Case

John J. Flynn, III, Nossaman, Guthner, Knox & Elliot, LLP, Irvine, CA, argued the cause for the appellant. Gregory W. Sanders and Michael W. Shonafelt were on the briefs.

Scott J. Grossberg, Cihigoyenetche, Grossberg & Clouse, Rancho Cucamonga, CA, argued the cause for the appellees. Richard R. Clouse, Amy von Kelsch-Berk, and Angelica Arias were on the brief.

Before: HALL, O'SCANNLAIN, and PAEZ, Circuit Judges.

O'SCANNLAIN, Circuit Judge:

This case requires us to determine whether a city can, consistent with California and federal law, deny a telecommunications company a permit to construct and to install a wireless antenna based on aesthetic considerations.

I

Sprint PCS is a wireless telecommunications company seeking to install two wireless telecommunications facilities in the city of La Cañada Flintridge ("the City"). The City denied Sprint's applications...

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