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KAY v. CITY OF RANCHO PALOS VERDES

No. 05-56149.

504 F.3d 803 (2007)

James A. KAY, Jr., individually and d/b/a Lucky's Two Way Radio; Communications Relay Corporation, a California corporation, Plaintiffs-Appellants, v. CITY OF RANCHO PALOS VERDES, a municipality; Rancho Palos Verdes Planning Commission, and its members; Frank Lyon; Larry Clark; Jon Cartwright; Thomas Opinion Long; Craig Mueller; Theodore Paulson; Donald Vannorsdall; City of Rancho Palos Verdes City Council, and its members; John McTaggart; Douglas Stern; Peter Gardiner; Barbara Ferraro, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed September 21, 2007.

Attorney(s) appearing for the Case

C.D. Michel, Glenn S. McRoberts, and Thomas E. Maciejewski of Trutanich Michel LLP, Long Beach, CA, for the plaintiffs-appellants.

Carol W. Lynch, City Attorney, Rancho Palos Verdes, CA, for the defendants-appellees.

T. Peter Pierce and David G. Alderson of Richards, Watson & Gerson, Los Angeles, CA, for the defendants-appellees.

Before: BARRY G. SILVERMAN, KIM McLANE WARDLAW, and JAY S. BYBEE, Circuit Judges.

WARDLAW, Circuit Judge:

James A. Kay, Jr. wanted to use the pre-existing amateur antennae on the roof of a house in the City of Rancho Palos Verdes ("the City") for commercial wireless transmissions. The City denied him a conditional use permit ("CUP"), and Kay filed suit. The district court dismissed three of his claims, but ruled in his favor on his Telecommunications Act ("TCA") and California state law claims. Although the district court granted injunctive relief...

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