March 22, 2004

Indiana Decisions - 7th Circuit rules on Carmel cell-phone dispute

Sprint v. City of Carmel (3/22/04 USCA 7th Cir.)
Evans, Circuit Judge

One section of the historical Telecommunications Act of 1996 gives cellular telephone service providers the right to challenge local zoning decisions in federal court. 47 U.S.C. § 332(c)(7)(B)(v). While on its face a simple notion, “this statute fairly bristles with potential issues . . . .” Cellular Tel. Co. v. Town of Oyster Bay, 166 F.3d 490, 494 (2nd Cir. 1999). Our case today concerns one of those issues—when is a land use decision a “final action” in order to create federal subject matter
jurisdiction. Specifically, we must examine whether the Act modifies the traditional analysis, enunciated in Williamson County Regional Planning Commission v. Hamilton Bank, 473 U.S. 172 (1985), for determining when a complaint challenging a local land use decision is ripe for federal adjudication.
This case is an appeal from the United States District Court for the Southern District of Indiana, Indianapolis Division, John Daniel Tinder, Judge. The judgment of the District Court is affirmed here.

Two other 7th Circuit rulings in Indiana cases today, in each of which the ruling of the district court is affirmed:

USA v. Sensmeier (3/22/04 USCA 7th Circuit)

USA v. Merritt (3/22/04 USCA 7th Circuit)

Posted by Marcia Oddi at March 22, 2004 02:30 PM