9th Circuit Denies AT&T Summary Reversal of Decision in Ore. County’s Favor

The 9th U.S. Circuit Court of Appeals denied AT&T’s March 5 motion for reversal of the district court’s decision finding summary judgment in favor of Lane County, Oregon (see 2402190001), said Circuit Judges Mark Bennett, Ryan Nelson and Eric Miller in an order Friday (docket 24-855). The denial is without prejudice to AT&T’s raising the arguments in its opening brief, which is due May 24, said the order. Lane County’s answering brief is due June 24, and AT&T’s optional reply brief is due within 21 days after service of the answering brief, said the order. The carrier contends that the district court wrongly found it was obligated to appeal the county’s denial of its cell tower application to the Oregon Land Use Board of Appeal. The district court ruled that AT&T failed to exhaust its administrative remedies and granted summary judgment for Lane County “without having to reach the merits of either party’s summary judgment arguments” about the county’s decision in denying the cell tower.