Athens Cellular Inc.v.Oconee County, Georgia, Et Al
Athens Cellular, operating as Verizon Wireless, challenged Oconee County’s denial of a special-use permit for a cellular communications tower. The district court dismissed the action as untimely, reasoning that the federal limitations period began when the county clerk entered a document reflecting the county board’s vote in its ordinances and resolutions books. The Eleventh Circuit reversed. It held that the Telecommunications Act’s thirty-day period began when the board formally approved the meeting minutes memorializing the denial, not when the clerk made an earlier informal entry that did not itself constitute the county’s final action. The court also rejected the county’s challenge to Verizon’s standing. The majority treated the approval of the minutes as the legally operative action because the county’s procedures did not make the earlier entry final. A separate opinion agreed that the case should be remanded but would have applied equitable tolling and disagreed with the majority’s statutory and open-meetings analysis. The case was reversed and remanded for further proceedings.
Loading published copy…

