City of Rancho Palos Verdes v. Abrams
Rancho Palos Verdes v. Abrams | |
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Court membership | |
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Case opinions | |
Majority | Scalia, joined by Rehnquist, O'Connor, Kennedy, Souter, Thomas, Ginsburg, Breyer |
Concurrence | Breyer, joined by O'Connor, Souter, Ginsburg |
Concurrence | Stevens (in judgment) |
Laws applied | |
42 U.S.C. § 1983, Telecommunications Act |
City of Rancho Palos Verdes v. Abrams, 544 U.S. 113 (2005), is a case in which the
42 U.S.C. § 1983[1] because it provided a comprehensive remedial scheme. Rancho Palos Verdes v. Abrams is a part of the Sea Clammers Doctrine line of cases.[2]
Background
Mark Abrams owned property in a residential neighborhood in
Rancho Palos Verdes, 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
("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
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
Ninth Circuit reversed on the latter point, and remanded for determination of money damages and attorney's fees.[4]
Opinion of the Court
Justice Scalia 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.[5]
See also
- List of United States Supreme Court cases
- List of United States Supreme Court cases, volume 546
References
External links
- Text of City of Rancho Palos Verdes v. Abrams, 544 U.S. 113 (2005) is available from: Cornell Google Scholar Justia Oyez (oral argument audio)