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VERIZON WIRELESS (VAW) v. CITY OF RIO RANCHO, NM

No. CV 06-0823 WPL/DJS.

476 F.Supp.2d 1325 (2007)

VERIZON WIRELESS (VAW) LLC d/b/a Verizon Wireless and T-Mobile Texas, L.P., Plaintiffs, v. The CITY OF RIO RANCHO, NEW MEXICO, Defendant.

United States District Court, D. New Mexico.

March 8, 2007.

Attorney(s) appearing for the Case

Marc A. Becker, Bradley R. Schneider, Henry Weissmann, Munger Tolles & Olson LL, Los Angeles, CA, Andrew G. Schultz, Rodey, Dickason, Sloan, Akin & Rob, Jeffrey H. Albright, Lewis & Roca Jontz Dawe LL, Albuquerque, NM, Karl J. Nelson, Saul Ewing LL, Baltimore, MD, for Plaintiffs.

Randy S. Bartell, Andrew S. Montgomery, Montgomery & Andrew, Santa Fe, NM, for Defendant.

ORDER DENYING DEFENDANT'S MOTION TO DISMISS

LYNCH, United States Magistrate Judge.

The City of Rio Rancho enacted an Ordinance that prohibits the construction or modification of wireless telecommunications facilities without a permit issued by the City. Verizon Wireless and T-Mobile Texas (the Companies) currently provide wireless communications services in the City and surrounding areas. They brought this...

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