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SPRINT TELEPHONY PCS v. COUNTY OF SAN DIEGO

No. D045957.

44 Cal.Rptr.3d 754 (2006)

SPRINT TELEPHONY PCS, Plaintiff and Appellant, v. COUNTY OF SAN DIEGO et al., Defendants and Respondents.

Court of Appeals of California, Fourth District, Division One.

June 20, 2006.

Attorney(s) appearing for the Case

Buchanan Ingersoll, Daniel T. Pascucci and Nathan R. Hamler, San Diego, for Plaintiff and Appellant.

Ledoux Esquire Inc., Stephen R. Ledoux and Andrew D. Mastin, San Francisco, for T-Mobile USA, Inc., as Amicus Curiae on behalf of Plaintiff and Appellant.

John J. Sansone, County Counsel, and Thomas D. Bunton, Senior Deputy County Counsel, for Defendants and Respondents.

Jennifer B. Henning for California State Association of Counties, as Amicus Curiae on behalf of Defendants and Respondents.

Dennis J. Herrera, City Attorney (San Francisco), Burk E. Delventhal, Chief Government Team Deputy, Owen J. Clements, Chief of Special Litigation, Theresa L. Mueller, Chief Energy and Telecommunications Deputy, and William K. Sanders, Deputy City Attorney, for League of California Cities and City and County of San Francisco as Amicus Curiae on behalf of Defendants and Respondents.

McDONALD, J.

Local governments, reacting to the rapid expansion of wireless cellular communications and accompanying infrastructure, have adopted ordinances to regulate the placement and aesthetics of wireless cellular telephone towers and ancillary equipment through a discretionary permitting process. The Wireless Telecommunications Ordinance (WTO) adopted by defendant County of San Diego (County), the enforceability...

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