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 denial of its motion to intervene for appeal after a district court ruled in favor of AB Cellular LA (AB). The court found that the City of Los Angeles had violated the Telecommunications Act of 1996 by rejecting AB's application for a conditional use permit to build a wireless facility at 1639 Silver Lake Boulevard. The City did not appeal this judgment, prompting Residents to seek intervention. The appeal is dismissed due to lack of jurisdiction, as Residents do not possess Article III standing to appeal. The requirement of a "case or controversy" necessitates that an intervenor demonstrates a threat of particularized injury that would be alleviated if the appeal were successful. The court noted that the records did not show that Residents or its members would face such an injury from the facility's construction and operation. General concerns, such as the loss of an administrative victory or speculative property value decreases, do not constitute sufficient grounds for standing. The appeal was ultimately dismissed because Residents failed to prove the necessary standing as articulated in relevant case law. The decision is not designated for publication and cannot be cited in future cases, in accordance with Ninth Circuit Rule 36-3.