February 2024 - Parks and Recreation - 31

ty's use, " the federal district court
did " not find it similarly situated
in terms of structure or cumulative
impact to the tower in question. "
Citing precedent case law from
the United States Court of Appeals
for the Ninth Circuit, the federal
district court acknowledged that
" it is not unreasonably discriminatory
to deny a subsequent application
for a cell site that is substantially
more intrusive than existing
cell sites by virtue of its structure,
placement or cumulative impact. "
Moreover, unlike the proposed
cell tower denied here, the federal
district noted " none of the existing
cell towers Vertical Bridge identified
were located on public property,
in public parks or recreational
facilities, or in a sports complex
used daily by the City's youth. " On
the contrary, the court found each
of Plaintiff's identified towers were
located on either commercial or industrial
properties.
Accordingly, the federal district
court concluded Plaintiff had " not
shown that the other cell towers on
which it relies are 'similarly situated'
for purposes of a TCA discrimination
claim. " The court, therefore,
granted Defendants' motion
for summary judgment on TCA
discrimination claim.
Conclusion
Having found substantial evidence
and a lack of discrimination in
denying Plaintiff Vertical Bridge's
conditional use permit, the federal
district court granted summary
judgment to Defendant City of
Brawley, effectively dismissing the
alleged violation of the TCA without
trial proceedings.
lenge
SEE ALSO: Park Purpose Chalto
Wireless Communications
Facility, James C. Kozlowski, Parks
& Recreation, June 2018, Vol.
53, Iss. 6, tinyurl.com/2dfzc6ew.
James C. Kozlowski, J.D., Ph.D., is an
Attorney and Emeritus Associate Professor
in the School of Sport, Recreation and
Tourism Management at George Mason
University (jkozlows@gmu.edu). Law review
articles archive (1982 to present): mason.
gmu.edu/~jkozlows/lawarts/artlist.htm.
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February 2024 - Parks and Recreation

Table of Contents for the Digital Edition of February 2024 - Parks and Recreation

February 2024 - Parks and Recreation - Intro
February 2024 - Parks and Recreation - Cover1
February 2024 - Parks and Recreation - Cover2
February 2024 - Parks and Recreation - 1
February 2024 - Parks and Recreation - 2
February 2024 - Parks and Recreation - 3
February 2024 - Parks and Recreation - 4
February 2024 - Parks and Recreation - 5
February 2024 - Parks and Recreation - 6
February 2024 - Parks and Recreation - 7
February 2024 - Parks and Recreation - 8
February 2024 - Parks and Recreation - 9
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February 2024 - Parks and Recreation - 11
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February 2024 - Parks and Recreation - 18
February 2024 - Parks and Recreation - 19
February 2024 - Parks and Recreation - 20
February 2024 - Parks and Recreation - 21
February 2024 - Parks and Recreation - 22
February 2024 - Parks and Recreation - 23
February 2024 - Parks and Recreation - 24
February 2024 - Parks and Recreation - 25
February 2024 - Parks and Recreation - 26
February 2024 - Parks and Recreation - 27
February 2024 - Parks and Recreation - 28
February 2024 - Parks and Recreation - 29
February 2024 - Parks and Recreation - 30
February 2024 - Parks and Recreation - 31
February 2024 - Parks and Recreation - 32
February 2024 - Parks and Recreation - 33
February 2024 - Parks and Recreation - 34
February 2024 - Parks and Recreation - 35
February 2024 - Parks and Recreation - 36
February 2024 - Parks and Recreation - 37
February 2024 - Parks and Recreation - 38
February 2024 - Parks and Recreation - 39
February 2024 - Parks and Recreation - 40
February 2024 - Parks and Recreation - 41
February 2024 - Parks and Recreation - 42
February 2024 - Parks and Recreation - 43
February 2024 - Parks and Recreation - 44
February 2024 - Parks and Recreation - 45
February 2024 - Parks and Recreation - 46
February 2024 - Parks and Recreation - 47
February 2024 - Parks and Recreation - 48
February 2024 - Parks and Recreation - 49
February 2024 - Parks and Recreation - 50
February 2024 - Parks and Recreation - 51
February 2024 - Parks and Recreation - 52
February 2024 - Parks and Recreation - 53
February 2024 - Parks and Recreation - 54
February 2024 - Parks and Recreation - 55
February 2024 - Parks and Recreation - 56
February 2024 - Parks and Recreation - Cover3
February 2024 - Parks and Recreation - Cover4
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/march-2024
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https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/january-2023
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/december-2022
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/november-2022
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https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/september-2022
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https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/june-2022
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/may-2022
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/april-2022
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/march-2022
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/february-2022
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/january-2022
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/december-2021
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/november-2021
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https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/september-2021
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/august-2021
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/july-2021
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/june-2021
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/may-2021
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