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Real Estate & Property Law
: inversecondemnationNinth Circuit: Local Zoning Ordinance Does Not Conflict With Federal Statute
By Robert Thomas (inversecondemnation.com)
District Court: San Diego county's zoning ordinance -- which "imposes restrictions and permit requirements on the construction and location of wireless telecommunications facilities" -- conflicts with federal law, and is preempted. The county is permanently enjoined from enforcing the zoning ordinance.
Ninth Circuit panel: we agree.
Ninth Circuit en banc: we don't, injunction dissolved, case dismissed.
Sprint Telephony PCS, L.P. v. County of San Diego, Nos. 05-56076, 05-56435 (Sep. 11, 2008) (en banc).
Full post as published by inversecondemnation on September 11, 2008 (boomark / email).
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