Home Menu ↓
Clicking on our sponsor links helps insure continued free access to this website.
Please support our efforts by visiting our sponsors:

 

Whitfield v. United States

Docket No.: 13-975
Certiorari Granted: May 5 2014
Argued: November 10, 2014
Decided: January 13, 2015

Topics:

Natural Resources, murder

PartyNames: T-Mobile South, LLC v. City of Roswell, Georgia
Petitioner: T-Mobile South, LLC
Respondent: City of Roswell, Georgia

Court Below: United States Court of Appeals for the Eleventh Circuit
Citation: 731 F.3d 1213
Supreme Court Docket

T-Mobile South, LLC
v.
City of Roswell, Georgia
Consideration Limited:

LIMITED TO QUESTION 4 PRESENTED BY THE PETITION.

Question Presented:

In order to promote the prompt deployment of telecommunications facilities and to enable expedited judicial review, the Communications Act of 1934, as amended by the Telecommunications Act of 1996, provides that any decision by a state or local government denying a request to place, construct, or modify a personal wireless service facility "shall be in writing and supported by substantial evidence contained in a written record." 47 U.S.C. 332(c)(7)(B)(iii). The question presented is whether a document from a state or local government stating that an application has been denied, but providing no reasons whatsoever for the denial, can satisfy this statutory "in writing" requirement.

Whitfield v. United States
ORAL ARGUMENT

November 10, 2014

Listen to Oral Argument in Whitfield v. United States
Holding: reversed and remanded
Vote: 6-3
Majority: Judgment Reversed, Case Remanded. Sotomayor, Scalia, Kennedy, Breyer, Alito, Kagan
Concurring: Alito
Dissenting: Roberts,Ginsburg,Thomas
Opinion By:
Database Connection failed: SQLSTATE[HY000] [1045] Access denied for user 'restauz8_sophi'@'localhost' (using password: YES)