T-MOBILE WEST LLC v. CITY AND COUNTY OF SAN FRANCISCO

No. S238001.

6 Cal.5th 1107 (2019)

T-MOBILE WEST LLC et al., Plaintiffs and Appellants, v. CITY AND COUNTY OF SAN FRANCISCO et al., Defendants and Respondents.

Supreme Court of California.

April 4, 2019.


Attorney(s) appearing for the Case

Wiley Rein, Joshua S. Turner , Matthew J. Gardner , Megan L. Brown , Meredith G. Singer ; Davis Wright Tremaine, Martin L. Fineman , T. Scott Thompson and Daniel P. Reing for Plaintiffs and Appellants.

Janet Galeria; Jenner & Block , Scott B. Wilkens , Matthew S. Hellman , Adam G. Unikowsky , Erica L. Ross and Leonard R. Powell for the Chamber of Commerce of the United States of America, the California Chamber of Commerce, the San Francisco Chamber of Commerce, the Bay Area Council and the Silicon Valley Leadership Group as Amici Curiae on behalf of Plaintiffs and Appellants.

Mayer Brown, Hans J. Germann , Donald M. Falk and Samantha Booth for Pacific Bell Telephone Company and AT&T Mobility, LLC, as Amici Curiae on behalf of Plaintiffs and Appellants.

Crowell & Moring, Emily T. Kuwahara and Colin Proksel for American Consumer Institute Center for Citizen Research as Amicus Curiae on behalf of Plaintiffs and Appellants.

Wilkinson Barker Knauer, Christine M. Crowe and Craig E. Gilmore for CTIA-The Wireless Association and the Wireless Infrastructure Association as Amici Curiae on behalf of Plaintiffs and Appellants.

Dennis J. Herrera , City Attorney, Yvonne R. Meré , Chief of Complex and Affirmative Litigation, Christine Van Aken , Chief of Appellate Litigation, William K. Sanders , Erin B. Bernstein and Jeremy M. Goldman , Deputy City Attorneys, for Defendants and Respondents.

Rutan & Tucker, Jeffrey T. Melching and Ajit Singh Thind for League of California Cities, California State Association of Counties, International Municipal Lawyers Association and the States of California and Nevada Chapter of the National Association of Telecommunications Officers and Advisors as Amici Curiae on behalf of Defendants and Respondents.


OPINION

By ordinance the City and County of San Francisco (the City) requires wireless telephone service companies to obtain permits to install and maintain lines and equipment in public rights-of-way. Some permits will not issue unless the application conforms to the City's established...

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