T-Mobile South, LLC v. City of Milton, Georgia
| T-Mobile South, LLC |
| City of Milton, Georgia |
| 1:2010cv01638 |
| May 27, 2010 |
| US District Court for the Northern District of Georgia |
| Atlanta Office |
| Fulton |
| Richard W. Story |
| Other Statutory Actions |
| 47 U.S.C. ยง 0332 |
| None |
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Available Case Documents
The following documents for this case are available for you to view or download:
| Document Text |
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Filing
62
ORDER denying 23 Plaintiff's Motion for Partial Summary Judgment based on § 332(c)(7)(B)(iii). Signed by Judge Richard W. Story on 6/18/2014. (bdb)
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Filing
39
ORDER granting 35 Plaintiff's Motion for Reconsideration 34 and Motion to Reopen the Case. Plaintiff requests this Court to enter an injunction that would require the City to grant the requested permits without unreasonable conditions. The Court PERMANENTLY ENJOIN the Defendant from denying the Plaintiff's applications, subject to the Plaintiff producing proper wind-load certifications for each site. Signed by Judge Richard W. Story on 12/28/11. (cem)
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Filing
33
ORDER granting in part Plaintiff's 23 Motion for Partial Summary Judgment; granting Defendant's 31 Motion to Exclude Exhibit A-1 to Plaintiff's Reply in Support of Motion for Partial Summary Judgment. Defendant has failed to meet t he necessary written requirements of 47 U.S.C.A. § 332(7)(B)(iii). Because the Court has not reached the issue of whether there was substantial evidence supporting Defendant's decision, the Court concludes that injunctive relief is not appr opriate at this time. Rather, the Court REMANDS this case to the City of Milton to adequately state in writing its grounds for denial and/or conditional approval. Such a proper written denial by the Defendant is necessary in order for the Court to ru le on the issue of whether there was substantial evidence to support Defendant's decisions. Thereafter, Plaintiff may move to re-open this case if it wishes to challenge Defendant's decisions. The Clerk is DIRECTED to administratively close this case. Signed by Judge Richard W. Story on 06/24/2011. (dfb)
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| Plaintiff: T-Mobile South, LLC | |
| Represented By: | Jonathan Tucker Barr |
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| Defendant: City of Milton, Georgia | |
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