05 May 2014 in Case Notes
In addition to addressing local-government prayer
the Supreme Court also decided to hear and answer another question impacting local governments: when a city denies a request to place a cell tower, how formally must it act?
The Court granted cert in T-Mobile South, LLC v. City of Roswell, No. 13-975
, which specifically asks what a local government must do to satisfy the Communications Act's "in writing" requirement at 47 U.S.C. 332(c)(7)(B)(iii):
Any decision by a State or local government or instrumentality thereof to deny a request to place, construct, or modify personal wireless service facilities shall be in writing and supported by substantial evidence contained in a written record
As the Eleventh Circuit explained in its decision
, some circuit courts have ruled