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AMERICAN TOWER CORP. v. CITY OF SAN DIEGO

Nos. 11-56766, 11-56767, 11-56861, 11-56862.

763 F.3d 1035 (2014)

AMERICAN TOWER CORPORATION, a Delaware corporation, Plaintiff-Appellee, v. CITY OF SAN DIEGO; City Council of the City of San Diego; Development Services Department of the City of San Diego, Defendants-Appellants. American Tower Corporation, a Delaware corporation, Plaintiff-Appellee, v. City of San Diego, Defendant-Appellant, and City Council of the City of San Diego; Development Services Department of the City of San Diego, Defendants. American Tower Corporation, a Delaware corporation, Plaintiff-Appellant, v. City of San Diego; City Council of the City of San Diego; Development Services Department of the City of San Diego, Defendants-Appellees. American Tower Corporation, a Delaware corporation; T-Mobile West Corporation, a Delaware corporation, Plaintiffs-Appellants, v. City of San Diego, Defendant-Appellee, and City Council of the City of San Diego; Development Services Department of the City of San Diego, Defendants.

United States Court of Appeals, Ninth Circuit.

Filed August 14, 2014.

Attorney(s) appearing for the Case

Christine M. Leone (argued), Chief Deputy City Attorney, Jan I. Goldsmith , City Attorney, Donald R. Worley , Assistant City Attorney, Alexis L. Jodlowski , Deputy City Attorney, Office of the City Attorney, San Diego, CA, for Defendants-Appellants/Cross-Appellees.

Robert Jystad (argued), Julian Quattlebaum III (argued), Jamie T. Hall , and Charles J. McLurkin , Channel Law Group, LLP, Long Beach, CA, for Plaintiff-Appellee/Cross-Appellant.

Kara L. Azocar , Alexandria, VA, for Amicus Curiae PCIA — The Wireless Infrastructure Association.

Amrit S. Kulkarni , Julia L. Bond , and Frank R. Petrilli , Meyers, Nave, Riback, Silver & Wilson, Oakland, CA, for Amici Curiae League of California Cities and California State Association of Counties.

Before: FERDINAND F. FERNANDEZ, JOHNNIE B. RAWLINSON, and JAY S. BYBEE, Circuit Judges.

OPINION

BYBEE, Circuit Judge:

American Tower Corporation (ATC) is a leading owner and operator of telecommunication facilities, some of which are located in the City of San Diego. In 2007, the City denied ATC's Conditional Use Permit (CUP) applications for three of its San Diego facilities. Disappointed with the City's decision, ATC filed suit in federal district court, raising claims under, among other provisions, the California Permit Streamlining Act...

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