Court Rejects T-Mobile Local Siting Complaint as Untimely
A federal court rejected as untimely a T-Mobile lawsuit against a local zoning board that denied the carrier's wireless antenna application in Wilmington, Delaware. It's untimely under the Telecom Act and Delaware state law because the carrier filed it before…
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issuance of the board’s written decision, the U.S. District Court in Wilmington said in a Monday order (in Pacer). The court granted the zoning board’s motion for summary judgment and denied a T-Mobile cross motion. The T-Mobile complaint was untimely even though the carrier filed it after an oral decision and T-Mobile later filed an amended complaint after the board’s written decision. The amended complaint “cannot save the action because it was also filed outside of the thirty day window,” wrote Judge Eduardo Robreno. T-Mobile declined comment.