- Rancho Palos Verdes v. Abrams
Rancho Palos Verdes v. Abrams
Supreme Court of the United States
Argued January 19, 2005
Decided March 22, 2005
Full case name City of Rancho Palos Verdes v. Abrams Docket nos. 03-1601 Holding Court membershipChief Justice
Case opinions Majority Scalia, joined by Rehnquist, Kennedy, Thomas Concurrence Breyer, joined by O'Connor, Souter, Ginsburg Concurrence Stevens 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 United States Supreme Court 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 the a part of the Sea Clammers Doctrine line of cases.
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 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, 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 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 for the Ninth Circuit reversed on the latter point, and remanded for determination of money damages and attorney's fees.
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.
- List of United States Supreme Court cases
- List of United States Supreme Court cases, volume 546
- ^ City of Rancho Palos Verdes, Cal. v. Abrams, F.3d 1094 (2004).
- ^ http://www.law.cornell.edu/supct/html/03-1601.ZO.html
Wikimedia Foundation. 2010.
Look at other dictionaries:
2004 term opinions of the Supreme Court of the United States — The table below lists the opinions delivered from the bench by the Supreme Court of the United States during the 2004 Term, which lasted from October 4, 2004, until October 3, 2005. The table illustrates what opinions were filed by each justice… … Wikipedia
List of United States Supreme Court cases, volume 544 — This is a list of all the United States Supreme Court cases from volume 544 of the United States Reports :* Tenet v. Doe, ussc|544|1|2005 * Shepard v. United States, ussc|544|13|2005 * Ballard v. Commissioner, ussc|544|40|2005 * Wilkinson v.… … Wikipedia
Liste des arrêts de la Cour suprême des États-Unis, volume 544 — Ceci est une liste des arrêts de la Cour suprême des États Unis du volume 544 de l’United States Reports: Sommaire 1 Liste 2 Source 3 Compléments 3.1 Articles connexes … Wikipédia en Français
San Pedro, Los Angeles — San Pedro Neighborhood of Los Angeles Nickname(s): San Pedro Loc … Wikipedia
San Pedro, Los Angeles, California — San Pedro is a beach community within Los Angeles, California, USA. It was annexed in 1909 and is a major seaport of the area. The town has grown from being dominated by the fishing industry to become primarily a working class town within the… … Wikipedia
University of California, Los Angeles — UCLA , Ucla , and U.C.L.A. redirect here. For other uses, see UCLA (disambiguation). University of California, Los Angeles UCLA Seal Motto Fiat Lux Let There Be Light … Wikipedia