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SANTA FE ALLIANCE v. CITY OF SANTA FE

No. 20-2066.

993 F.3d 802 (2021)

SANTA FE ALLIANCE FOR PUBLIC HEALTH AND SAFETY; Arthur Firstenberg; Monika Steinhoff, Plaintiffs-Appellants, v. CITY OF SANTA FE, NEW MEXICO; Hector H. Balderas, Attorney General of New Mexico; United States of America, Defendants-Appellees.

United States Court of Appeals, Tenth Circuit.

FILED March 30, 2021.

Attorney(s) appearing for the Case

Theresa Dawn Truitt Kraft , Salisbury, Maryland ( Erika E. Anderson , The Law Offices of Erika E. Anderson, Albuquerque, New Mexico, and Jonathan Diener , Mule Creek, New Mexico, on the briefs), for Plaintiffs-Appellants.

Jack Starcher , Appellate Staff Civil Division Attorney ( Ethan P. Davis , Acting Assistant Attorney General; John C. Anderson , United States Attorney; Scott McIntosh , Appellate Staff Civil Division Attorney, with him on the brief), U.S. Department of Justice, Washington, DC, for Defendant-Appellee United States of America.

Marcos D. Martinez , Senior Assistant City Attorney, Santa Fe, New Mexico, for Defendant-Appellee City of Santa Fe.

Neil R. Bell ( Gregory Ara Chakalian on the brief), Office of the New Mexico Attorney General, Santa Fe, New Mexico), for Defendant-Appellee Hector H. Balderas.

Before MATHESON, Circuit Judge, LUCERO, Senior Circuit Judge, and McHUGH, Circuit Judge.

Plaintiffs/Appellants Santa Fe Alliance for Public Health & Safety, Arthur Firstenberg, and Monika Steinhoff (collectively the "Alliance") advance a bevy of claims asserting Section 704 of the Telecommunications Act of 1996 ("TCA"), New Mexico's Wireless Consumer Advanced Infrastructure Investment Act ("WCAIIA"), the Amendments...

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