![]() ![]() The court rejected the County’s arguments that its zoning code (1) does not require a franchise, and (2) is of general applicability.įinally, the court found that the County’s zoning ordinance “provides unfettered discretion to County officials at multiple points in the approval process, including discretion to ultimately deny the application, the ‘ultimate cudgel’ in the preemption analysis.” The court noted that the County’s “not a franchise” argument was recently rejected by the Ninth Circuit in Sprint Telephony PCS, L.P. ![]()
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