City of Rancho Palos Verdes, California v. Abrams

The Telecommunications Act of 1996, 47 U.S.C. § 332(c)(7), required governments to process permits for wireless facilities within a reasonable time and to support decisions with substantial evidence. Individuals denied permits could sue within 30 days and receive expedited judicial review. In 1989, with permission of the city of Rancho Palos Verdes (city) (defendant), Mark Abrams (plaintiff) installed a 52-foot antenna on his mountain-top property for amateur use. Abrams later installed several smaller antennas without permission. Abrams used the antennas for commercial and noncommercial purposes. In 1998, Abrams applied to build a second antenna tower, which alerted the city to his unpermitted commercial antenna use. The city successfully sued to enjoin Abrams from using his antennas for commercial purposes. Abrams then applied for a conditional-use permit for commercial-use privileges. Abrams’s neighbors objected, and the permit was rejected due to aesthetic concerns. Abrams filed suit in federal district court alleging violations of § 332(c)(7). Under 42 U.S.C. §§ 1983 and 1988, Abrams sought injunctive relief, money damages, and attorney’s fees. The district court found in favor of Abrams, rejecting aesthetic concerns because the antennas would remain absent commercial use, and whether future others would build them was an improper consideration for Abrams’s permit. The district court ordered the city to issue the permit but denied Abrams’s § 1983 damages request. The Court of Appeals for the Ninth Circuit reversed the denial of damages and remanded for determination of money damages and attorney’s fees. The Supreme Court granted certiorari.