In T-Mobile South, LLC v. City of Roswell, 135 S.Ct. 808 (Jan. 14, 2015)(6-3), the Court ruled that a municipality must provide reasons when denying an application to build a cell tower. The majority opinion, written by Justice Sotomayor, rested on the language of the Telecommunications Act of 1996, which does not mention the necessity for a statement of reasons but provides for judicial review.  As Justice Sotomayor explained: “In order to determine whether a locality’s denial was supported by substantial evidence, as Congress directed, courts must be able to identify the reason or reasons why the locality denied the application.”  Id. at 814. She further held that the reasons need not be provided in the denial notice, but most be provided in sufficient time to allow the applicant to evaluate whether an appeal is warranted.

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