Briefing in Wis. Small Cells Appeal Closes Only 59 Days Before GOP Convention

The opening brief of Milwaukee’s Deer District is due March 27 in its appeal to reverse a district court’s Jan. 29 decision ordering the city to issue Verizon’s requested permits to install small cells and utility polls in the pedestrian mall outside the Fiserv Forum in time for July’s Republican National Convention (see 2402120027), said a 7th U.S. Circuit Appeals Court briefing order Friday (docket 24-1212). Verizon’s answering brief is due April 26, said the order. The Deer District’s optional reply brief is due May 17, 59 days before the convention’s opening day. The Deer District was an intervenor-defendant in Verizon’s small-cells dispute with Milwaukee in the district court. Both Milwaukee and the Deer District contend that the city has no authority to approve the installation of small cells and poles on land adjacent to the Fiserv Forum that it doesn’t control. Milwaukee’s long-term lease with the state-authorized Wisconsin Center District (WCD), owner of the Fiserv Forum, “is the functional equivalent of vacated right-of-way with a reversionary interest,” said the city. The lease created a private property right in favor of WCD, which subleases that right to the Deer District, an entity controlled by the NBA’s Milwaukee Bucks, whose home games are at the Fiserv Forum.