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T-Mobile South, LLC v. City of Roswell

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Docket No. Op. Below Argument Opinion Vote Author Term
13-975 11th Cir. Nov 10, 2014 Jan 14, 2015 6-3 Sotomayor OT 2014

Holding: 47 U.S.C. § 332(c)(7)(B)(iii), which provides that a locality’s denial of an application to build a cell phone tower “shall be in writing and supported by substantial evidence contained in a written record,” requires localities to provide the reasons for such denials in writing. However, those reasons do not have to appear in the written denial letter as long as they appear in some other written record, are sufficiently clear, and are provided or made accessible to the applicant essentially contemporaneously with the written denial notice.

Judgment: Reversed and remanded, 6-3, in an opinion by Justice Sotomayor on January 14, 2015. Chief Justice Roberts filed a dissenting opinion in which Justice Ginsburg joined and in which Justice Thomas joined as to Part I. Justice Thomas filed a dissenting opinion.

SCOTUSblog Coverage

DateProceedings and Orders (key to color coding)
Dec 13 2013Application (13A614) to extend the time to file a petition for a writ of certiorari from December 30, 2013 to February 13, 2014, submitted to Justice Thomas.
Dec 20 2013Application (13A614) granted by Justice Thomas extending the time to file until February 13, 2014.
Feb 12 2014Petition for a writ of certiorari filed. (Response due March 20, 2014)
Mar 19 2014Brief of respondent City of Roswell, Georgia in opposition filed.
Mar 20 2014Motion for leave to file amicus brief filed by Competitive Carriers Association.
Mar 28 2014Reply of petitioner T-Mobile South, LLC filed.
Apr 2 2014DISTRIBUTED for Conference of April 18, 2014.
Apr 21 2014DISTRIBUTED for Conference of April 25, 2014.
Apr 28 2014DISTRIBUTED for Conference of May 2, 2014.
May 5 2014Motion for leave to file amicus brief filed by Competitive Carriers Association GRANTED.
May 5 2014Petition GRANTED.
Jun 3 2014The time to file the joint appendix and petitioner's brief on the merits is extended to and including July 3, 2014.
Jun 3 2014The time to file respondent's brief on the merits is extended to and including August 18, 2014.
Jul 1 2014Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for the petitioner.
Jul 3 2014Joint appendix filed. (Statement of costs filed.)
Jul 3 2014Brief of petitioner T-Mobile South, LLC filed.
Jul 3 2014Consent to the filing of amicus curiae briefs in support of either party or neither party received from counsel for the respondent.
Jul 10 2014Brief amicus curiae of the United States in support of neither party filed.
Jul 10 2014Brief amicus curiae of Competitive Carriers Association filed.
Jul 10 2014Brief amici curiae of The Chamber of Commerce of the United States of America and National Federation of Independent Business filed.
Jul 10 2014Brief amicus curiae of PCIA -The Wireless Infrastructure Association filed.
Jul 10 2014Brief amicus curiae of CTIA - The Wireless Association filed.
Jul 10 2014Brief amicus curiae of TowerCom V, LLC filed.
Aug 18 2014Brief of respondent City of Roswell, Georgia filed.
Aug 25 2014Brief amici curiae of National League of Cities, et al. filed.
Aug 25 2014Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument filed.
Sep 4 2014SET FOR ARGUMENT on Monday, November 10, 2014.
Sep 8 2014Record requested from U.S.C.A. 11th Circuit.
Sep 8 2014Record received from U.S.C.A. 11th Circuit is electronic and located on PACER.
Sep 9 2014Record received form U.S.D.C. Northern District of Georgia is electronic and located on PACER.
Sep 17 2014Reply of petitioner T-Mobile South, LLC filed. (Distributed)
Sep 19 2014CIRCULATED
Oct 2 2014Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument GRANTED.
Oct 8 2014Supplemental brief of respondent City of Roswell, Georgia filed. (Distributed)
Nov 10 2014Argued. For petitioner: Jeffrey L. Fisher, Stanford, Ca. For United States, as amicus curiae: Ann O'Connell, Assistant to the Solicitor General, Department of Justice, Washington, D. C. For respondent: Richard A. Carothers, Buford, Ga.
Jan 14 2015Judgment REVERSED and case REMANDED. Sotomayor, J., delivered the opinion of the Court, in which Scalia, Kennedy, Breyer, Alito, and Kagan, JJ., joined. Alito, J., filed a concurring opinion. Roberts, C. J., filed a dissenting opinion in which Ginsburg, J., joined, and in which Thomas, J., joined as to Part I. Thomas, J., filed a dissenting opinion.
Feb 18 2015JUDGMENT ISSUED.