''City of Rancho Palos Verdes v. Abrams'', 544 U.S. 113 (2005), is a case in which the

United States Supreme Court The Supreme Court of the United States (SCOTUS) is the highest court in the federal judiciary of the United States. It has ultimate appellate jurisdiction over all U.S. federal court cases, and over state court cases that involve a point o ...

held that the Telecommunications Act (TCA) precluded damages under 42 U.S.C. § 1983. because it provided a comprehensive remedial scheme. ''Rancho Palos Verdes v. Abrams'' is a part of the ''Sea Clammers'' Doctrine line of cases.

Background

Mark Abrams owned property in a residential neighborhood in

Rancho Palos Verdes Rancho Palos Verdes (Spanish for "Green Sticks Ranch") is a coastal city located in Los Angeles County, California atop the bluffs of the Palos Verdes Peninsula, neighboring other cities in the Palos Verdes Hills, including Palos Verdes Estate ...

, California. His property was located at a high elevation, near the peak of the Rancho Palos Verdes Peninsula, which was ideal for radio transmissions. In 1989, Abrams obtained a permit to construct a 52.5 foot antenna on his property for

amateur radio Amateur radio, also known as ham radio, is the use of the radio frequency spectrum for purposes of non-commercial exchange of messages, wireless experimentation, self-training, private recreation, radiosport, contesting, and emergency communic ...

("ham radio") use. In 1998, Abrams sought permission to construct a second antenna tower, but in the course of investigating the application the city learned Abrams was using his antennas for commercial purposes. This was in violation of a city ordinance requiring a conditional use permit for commercial antenna use. In July 1999, Abrams sought the requisite conditional use permit, but his neighbors provided strong opposition. In August 2000, Abrams filled action against Rancho Palos Verdes in the District Court for the

Central District of California The United States District Court for the Central District of California (in case citations, C.D. Cal.; commonly referred to as the CDCA or CACD) is a Federal trial court that serves over 19 million people in Southern and Central California, m ...

, alleging that the denial of the conditional use permit violated the limitations placed on the city's zoning authority by the Telecommunications Act. Abrams sought

injunctive relief An injunction is a legal and equitable remedy in the form of a special court order that compels a party to do or refrain from specific acts. ("The court of appeals ... has exclusive jurisdiction to enjoin, set aside, suspend (in whole or in par ...

under the Telecommunications Act and money damages and attorney's fees under 42 U.S.C. § 1983 and 42 U.S.C. § 1988. The district court ordered the city to grant Abram's application for a conditional use permit, but refused the request for money damages and attorney's fees. The

Court of Appeals A court of appeals, also called a court of appeal, appellate court, appeal court, court of second instance or second instance court, is any court of law that is empowered to hear an appeal of a trial court or other lower tribunal. In much of t ...

for the

Ninth Circuit The United States Court of Appeals for the Ninth Circuit (in case citations, 9th Cir.) is the U.S. federal court of appeals that has appellate jurisdiction over the U.S. district courts in the following federal judicial districts: * District o ...

reversed on the latter point, and remanded for determination of money damages and attorney's fees.

Opinion of the Court

Justice Scalia Antonin Gregory Scalia (; March 11, 1936 – February 13, 2016) was an American jurist who served as an associate justice of the Supreme Court of the United States from 1986 until his death in 2016. He was described as the intellectua ...

writing for the Court reversed the Ninth Circuit's decision. Scalia held that the provision of an express, private means of redress in the Telecommunications Act is an indication that Congress intended to preclude more expansive remedies under 42 U.S.C. § 1983. The existence of a more restrictive private remedy for statutory violations is the dividing line between cases where an action would lie under § 1983 and those in which it would not..

References

External links

* {{caselaw source , case = ''City of Rancho Palos Verdes v. Abrams'', {{ussc, 544, 113, 2005, el=no , cornell =https://www.law.cornell.edu/supct/html/03-1601.ZS.html , justia =https://supreme.justia.com/cases/federal/us/544/113/ , oyez =https://www.oyez.org/cases/2004/03-1601 United States Supreme Court cases United States Supreme Court cases of the Rehnquist Court Second Enforcement Act of 1871 case law 2005 in United States case law Palos Verdes Peninsula

Background

Opinion of the Court

See also

References

External links