Rancho Palos Verdes v. Abrams
Encyclopedia
City of Rancho Palos Verdes v. Abrams, 544 U.S. 113
(2005), is a case in which the United States Supreme Court held that the Telecommunications Act
(TCA) precluded damages under 42 U.S.C. § 1983 because it provided a comprehensive remedial scheme. Rancho Palos Verdes v. Abrams is the a part of the Sea Clammers Doctrine line of cases.
In August 2000, Abrams filled action against Rancho Palos Verdes in the District Court
for the Central District of California, alleging that the denial of the conditional use permit violated the limitations placed on the city's zoning authority by the Telecommunications Act. Abrams sought injunctive relief under the Telecommunications Act and money damages and attorney's fees under 42 U.S.C. § 1983 and 42 U.S.C. § 1988.
The district court ordered the city to grant Abram's application for a conditional use permit, but refused the request for money damages and attorney's fees. The Court of Appeals
for the Ninth Circuit reversed on the latter point, and remanded for determination of money damages and attorney's fees.
Case citation
Case citation is the system used in many countries to identify the decisions in past court cases, either in special series of books called reporters or law reports, or in a 'neutral' form which will identify a decision wherever it was reported...
(2005), is a case in which the United States Supreme Court held that the Telecommunications Act
Telecommunications Act
There are several pieces of legislation named the Telecommunications Act* Telecommunications Act 1997, Australia* Telecommunications Act * Telecommunications Act 1984, United Kingdom* Telecommunications Act of 1996, United States...
(TCA) precluded damages under 42 U.S.C. § 1983 because it provided a comprehensive remedial scheme. Rancho Palos Verdes v. Abrams is the a part of the Sea Clammers Doctrine line of cases.
Background
Mark Abrams owned property in a residential neighborhood in Rancho Palos Verdes, California. His property was located at a high elevation, near the peak of the Rancho Palos Verdes Peninsula, which was ideal for radio transmissions. In 1989, Abrams obtained a permit to construct a 52.5 foot antenna on his property for amateur use. In 1998, Abrams sought permission to construct a second antenna tower, but in the course of investigating the application the city learned Abrams was using his antennas for commercial purposes. This was in violation of a city ordinance requiring a conditional use permit for commercial antenna use. In July 1999, Abrams sought the requisite conditional use permit, but his neighbors provided strong opposition.In August 2000, Abrams filled action against Rancho Palos Verdes in the District Court
United States district court
The United States district courts are the general trial courts of the United States federal court system. Both civil and criminal cases are filed in the district court, which is a court of law, equity, and admiralty. There is a United States bankruptcy court associated with each United States...
for the Central District of California, alleging that the denial of the conditional use permit violated the limitations placed on the city's zoning authority by the Telecommunications Act. Abrams sought injunctive relief under the Telecommunications Act and money damages and attorney's fees under 42 U.S.C. § 1983 and 42 U.S.C. § 1988.
The district court ordered the city to grant Abram's application for a conditional use permit, but refused the request for money damages and attorney's fees. The Court of Appeals
Court of Appeals
A court of appeals is an appellate court generally.Court of Appeals may refer to:*Military Court of Appeals *Corte d'Assise d'Appello *Philippine Court of Appeals*High Court of Appeals of Turkey*United States courts of appeals...
for the Ninth Circuit reversed on the latter point, and remanded for determination of money damages and attorney's fees.