Rancho Palos Verdes v. Abrams, 544 U.S. 113 (2005)

In the case of Rancho Palos Verdes v. Abrams, Mark J. Abrams, a resident of Rancho Palos Verdes, California, owned a home situated at a high elevation, which made it an ideal location for radio transmissions. In 1989, he obtained a permit to construct a 52.5-foot antenna for amateur radio use and subsequently installed it. Over the years, Abrams added several smaller tripod antennas without the City’s prior permission. He utilized these antennas for both noncommercial amateur radio services and commercial purposes, including providing two-way radio communications to customers. The dispute arose when Abrams sought permission in 1998 to build a second antenna tower, which the City of Rancho Palos Verdes denied. Abrams contended that the City’s actions were inconsistent with the limitations imposed by §332(c)(7) of the Communications Act of 1934, which restricts local governments from unreasonably discriminating against providers of wireless services and from prohibiting the provision of personal wireless services. Following the denial, Abrams filed a lawsuit under 42 U.S.C. §1983, claiming that the City’s actions violated his rights under the federal statute. The case progressed through the courts, eventually reaching the United States Court of Appeals for the Ninth Circuit, which ruled in favor of Abrams. The City then petitioned for a writ of certiorari to the Supreme Court, which agreed to hear the case to determine whether an individual could enforce the limitations on local zoning authority set forth in the Communications Act through a §1983 action. The Supreme Court's decision was announced on March 22, 2005.

Whether an individual may enforce the limitations on local zoning authority set forth in §332(c)(7) of the Communications Act of 1934 through an action under Rev. Stat. §1979, 42 U.S.C. §1983.

The judgment is reversed.