t-mobile south, llc v. city of roswell, ga, no. 12-12250 (11th cir. 2013)
the city appealed the district court's order granting t-mobile's motion for summary judgment and issuing an injunction on the basis that the city's denial of t-mobile's requested cell phone tower permit violated the telecommunications act of 1996, 47 u.s.c. 322(c)(7)(b)(iii). the district court held that the city's short denial letter failed to satisfy the "in writing" requirement under the act. under the court's recent analysis in t-mobile south, llc v. city of milton, the court concluded in this instance that the documents at issue collectively were enough to satisfy the writing requirement under the act. accordingly, the court reversed and remanded.
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