A federal judge has ruled in favor of Malibu in a case with Verizon Wireless involving the installation of wireless communications facilities, it was announced Wednesday.

U.S. District Judge Philip Gutierrez granted the city’s motion for summary judgment on Oct. 7, resolving the case in the Malibu’s favor, pending any appeal to the U.S. 9th Circuit Court of Appeals.

The case filed in February in Los Angeles federal court by Verizon involved its application to install wireless facilities on an office complex on Pacific Coast Highway in Point Dume.

In the lawsuit, Verizon alleged that the application qualified as an eligible facility request under federal law and the city failed to act on the application before the expiration of the federal 60-day time limit.

The court disagreed, finding that the city had properly and timely denied the eligible facility request in July 2020, before the federal time limit on eligible facility request applications had expired.

Therefore, Verizon’s December 2020 letter to the city claiming the application had been “deemed granted” due to the city’s failure to timely act on the eligible facility request application was found to be “misguided” and Verizon’s lawsuit, brought outside of the 30-day statute of limitations for challenging denials, was found to be time barred, according to the city of Malibu.

“I am proud that the city prevailed in this matter and that our extensive efforts to properly regulate wireless communications facilities in our own community was upheld,” Malibu Mayor Paul Grisanti said.

Leave a comment

Your email address will not be published. Required fields are marked *