DOVER, Del. (AP) - A federal appeals court has revived wireless provider T-Mobile's lawsuit against a Delaware city that denied its request to install a cellphone antenna atop a high-rise senior center to improve coverage.
The Philadelphia appeals court ruled Thursday that a federal judge erred last year in ruling that the city of Wilmington was entitled to summary judgment. The court says the previous ruling was flawed because T-Mobile filed its lawsuit before the city had issued a formal, written denial.
T-Mobile argued that the city has a pattern of not issuing written decisions of land use denials unless or until it is sued. The company also says the denial of its application violated the federal Telecommunications Act.
The case now heads back to federal district court in Wilmington.
