USCOC of Greater Missouri, LLC v. County of Franklin
636 F.3d 927
8th Cir.2011Background
- U.S. Cellular sought a conditional use permit (CUP) in Franklin County, Missouri; denial by the BOZA followed an earlier Commission denial in 2007.
- The district court remanded the July 11, 2007 denial to the BOZA for a new hearing and written decision, staying the federal action during remand.
- The BOZA issued a December 23, 2008 decision granting the CUP; Fritz Trust later challenged that decision in state court, creating uncertainty about permit issuance.
- In May 2009 the district court dismissed the federal action as moot, holding the claim targeted a now-superseded BOZA denial.
- U.S. Cellular appealed, arguing the TCA claims remained live because building/permitting steps were unresolved and collateral actions could prevent project completion.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Are TCA claims moot after CUP grant and state action? | U.S. Cellular argues ongoing barriers prevent relief, so claims remain live. | Fritz Trust contends the BOZA decision is superseded; no live TCA decision to review. | Not moot; remand for judgment consistent with the opinion. |
| May the All Writs Act be used to protect federal jurisdiction and block collateral attacks? | Requests a writ to prevent further state/collateral challenges delaying construction. | No basis to enjoin non-party actions that affect state proceedings. | District court directed to issue all necessary relief to protect federal jurisdiction. |
Key Cases Cited
- Ogden Fire Co. No. 1 v. Upper Chichester Township, 504 F.3d 370 (3d Cir. 2007) (TCAs reach entails broad remedies to avoid delays in building permits)
- USCOC of Greater Iowa, Inc. v. Zoning Bd. of Adjustment of Des Moines, 465 F.3d 817 (8th Cir. 2006) (TCA review requires written record and substantial evidence; permits not guaranteed)
- Sprint Telephony PCS, L.P. v. County of San Diego, 543 F.3d 571 (9th Cir. 2008) (TCA constraints on local regulation and federal review balance)
- Ogden Fire Co. No. 1 v. Upper Chichester Township, 504 F.3d 370 (3d Cir. 2007) (As above)
- USCOC of Greater Iowa, Inc. v. Zoning Bd. of Adjustment of Des Moines, 465 F.3d 817 (8th Cir. 2006) (Reiterates TCA framework for review of zoning decisions)