AT&T Says It Would Dismiss Appeal vs. Ore. County if Settlement Talks Bear Fruit

If the settlement process that AT&T and Lane County, Oregon, agreed to results in a “certain outcome,” AT&T would voluntarily dismiss its appeal, said in-house AT&T attorney Raymond Bolanos in a declaration Thursday (docket 24-855) in the 9th U.S. Circuit Appeals Court. His declaration was in support of AT&T’s unopposed motion to stay the current briefing schedule in its appeal against Lane County “to allow for the parties to engage in further settlement efforts” (see 2405220001). Under the parties’ agreed-upon procedure "for potentially resolving the appeal and avoiding the drafting and filing of appellate briefs," if the settlement process doesn’t result in a resolution of the case, the parties “would move to resume the appellate briefing schedule,” said Bolanos’ declaration. AT&T’s appeal contends that a U.S. magistrate judge, in granting summary judgment for Lane County, wrongly found that AT&T was obligated to appeal the county’s denial of its cell tower application to the Oregon Land Use Board of Appeal (see 2402220046).