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Publication

June 30, 2000Client Alert

Significant Telecommunications Tower Siting Decision

Municipalities may be liable for damages and attorneys fees pursuant to 42 U.S.C. § §1983 and 1988 in cases alleging a violation of the Telecommunications Act of 1996. In a case of first impression in the Circuit Courts, a three judge panel of the U.S. Court of Appeals for the 11th Circuit in the case of AT&T Wireless PCS, Inc. v. City of Atlanta, et al. found that the district court erred in concluding that §1983 remedies (damages) and §1988 remedies (attorneys fees) were not available to AT&T.

The Court of Appeals found that the remedies available under the Telecommunications Act do not preclude a party from also seeking remedies under § §1983 and 1988. The Court of Appeals remanded the case to the district court for reconsideration in light of this ruling.

If you have any questions, please contact Steven L. Ritt at 414/271-6560 or slritt@michaelbest.com.

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