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Rancho Palos Verdes v. Abrams
(U.S. Supreme Court)
No right to sue for denial of cell tower permit
The Supreme Court held 3/22/05 that an individual may not enforce the limitations on local zoning authority set forth in § 332(c)(7) of the Communications Act of 1934 through an action for money damages under 42 U.S.C. § 1983. After Petitioner, the City of Rancho Palos Verdes, denied Respondent's application to construct a radio tower on his property, Respondent filed an action seeking, among other things, injunctive relief under the Communications Act and money damages under § 1983. The district court held that the Communications Act provided the exclusive remedy for the City's actions and that Respondent could not obtain damages under § 1983, but the Ninth Circuit reversed. Justice Scalia's opinion for the Court explained that authorizing a § 1983 action to remedy violations of the Communications Act would distort the scheme of expedited judicial review and limited remedies expressly created by the Act. Because Congress intended the judicial remedy expressly authorized by the Communications Act to be exclusive, foreclosing an alternative remedy under § 1983, the Court reversed the Ninth Circuit's judgment. This case is important to business in the telecommunications field.
Decision below: 354 F.3d 1094 (9th Cir. 2004).
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