SPRINT PCS ASSETS v. CITY OF PALOS VERDES ESTATES

No. 05-56106.

508 F.3d 897 (2007)

SPRINT PCS ASSETS, L.L.C., a Delaware limited liability company, wholly-owned by Sprint Telephony PCS, LP, a Delaware limited partnership, Plaintiff-Appellee, v. CITY OF PALOS VERDES ESTATES, a California municipality; City Council of the City of Palos Verdes Estates, its governing body; Joseph Sherwood, in his official capacity as Mayor Pro Tem of the City of Palos Verdes Estates; John Flood, in his official capacity as Councilmember of the City of Palos Verdes Estates; Rosemary Humphrey, in her official capacity as Councilmember of the City of Palos Verdes Estates; Dwight Abbott, in his official capacity as Councilmember of the City of Palos Verdes Estates; James F. Goodhart, in his official capacity as Councilmember of the City of Palos Verdes Estates, Defendants-Appellants.

United States Court of Appeals, Ninth Circuit.

November 16, 2007.


Attorney(s) appearing for the Case

John J. Flynn, III, Esq., Michael W. Shonafelt, Esq., Nossaman Guthner Knox & Elliott, Irvine, CA, for Plaintiff-Appellee.

Daniel P. Barer, Esq., Pollak, Vida & Fisher, Los Angeles, CA, Ste. "E", Scott J. Grossberg, Esq., Amy R. Von Kelsch-Berk, Esq., Cihigoyenetche Grossberg & Clouse, Rancho Cucamonga, CA, for Defendants-Appellants.

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


ORDER CLARIFYING REQUEST THAT THE SUPREME COURT OF CALIFORNIA DECIDE A QUESTION OF CALIFORNIA LAW

KIM McLANE WARDLAW, Circuit Judge.

ORDER

On May 8, 2007, we respectfully requested that the Supreme Court of California decide the question of whether California Public Utilities Code §§ 7901 and 7901.1 permit public entities to regulate the placement of telephone equipment in public rights of way on aesthetic grounds.

On August 15...

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