AB Cellular LA, LLC v. City of Los Angeles
Docket: No. 04-55609
Court: Court of Appeals for the Ninth Circuit; April 17, 2006; Federal Appellate Court
Residents Opposed to Neighborhood Cell Sites (Residents) appeals the district court's denial of its motion to intervene in the appeal of a judgment favoring AB Cellular LA (AB). The district court ruled that the City of Los Angeles violated the Telecommunications Act of 1996 by denying AB’s application for a wireless telecommunications facility at 1639 Silver Lake Boulevard. The City did not appeal the judgment, prompting Residents to seek intervention. The appeal is dismissed for lack of jurisdiction due to Residents’ failure to establish Article III standing. To intervene post-judgment, Residents needed to demonstrate a specific threat of injury that would be resolved by a successful appeal. The court found that there was no evidence of particularized injury to the Residents or its members from the proposed facility; mere loss of an administrative victory or speculative decreases in property values were insufficient to constitute concrete injury. The ruling emphasized that Residents did not meet the necessary standing criteria as outlined in relevant case law. The case is dismissed, and the disposition is not suitable for publication or citation in future cases except as allowed by specific circuit rules.