City of Rancho Palos Verdes v. Abrams
Abrams is amateur radio operator who had an antenna on his property licensed for amateur use. When the City of Rancho Palos Verdes learned that Abrams was making commercial use of the antenna, it got an injunction preventing Abrams from using his antenna for commercial purposes until he obtained a conditional use permit (CUP). When Abrams applied for the CUP, the City denied it.
Abrams sued the City, claiming it violated his rights under the federal Telecommunications Act (TCA). He also sought damages, attorney's fees and costs under § 1983, the federal civil rights statute. The district court held that the City did not have a valid reason to deny Abrams a CUP and ordered the City to grant Abrams' permit. However, the district court concluded that the TCA subsumed all of Abrams' remedies and denied Abrams's request for damages, attorney's fees, and costs. The Ninth Circuit Court of Appeals reversed, holding that § 1983 remedies are available because the TCA does not provide a comprehensive remedial scheme.
Question Presented:
Whether, as held below but contrary to decisions of the Third and Seventh Circuits, the limits on state and local zoning and land-use authority established
by Section 332(c)(7)(B) of the Communications Act may be enforced through an action for damages and attorney's fees under 42 U.S.C. §§ 1983 and 1988.
