Does a denial of a cell site permit need to be made in a writing that is separate from the rest of administrative record? That’s the more important question answered by the 8th Circuit Court of appeals in NE Colorado Cellular, Inc., v. City of North Platte, Nebraska. Case No. 13-3190 (Filed August 22, 2014).
The 8th Circuit has now adopted the minority view of the Circuits that a denial of a cell site permit does not need to be made in a writing that is separate from the rest of administrative record. In doing so, the 8th Circuit dives into the thinking of the various Circuits that have addressed this question.
The U.S. Supreme Court is set to resolve the Circuit split when it hears and decides T-Mobile S., LLC v. City of Roswell, Ga., 731 F.3d 1213 (11th Cir. 2013), cert. granted, 134 S. Ct. 2136 (2014).
I have edited the 8th Circuit decision to focus on the in writing discussion.
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