News & Analysis as of

Right of Way Local Ordinance

Sheppard Mullin Richter & Hampton LLP

California Supreme Court Incommodes Wireless Access to Rights of Way

Amidst the ongoing power struggle between communications service providers striving for unfettered access to rights-of-way to place their facilities, and municipalities working to protect their authority over such...more

Morgan Lewis

Pennsylvania Supreme Court Strikes Down City Ordinance Attempting to Regulate Utilities’ Use of Municipal Rights-of-Way

Morgan Lewis on

The Pennsylvania (PA) Supreme Court issued its unanimous decision on August 20 in PPL Electric Utilities Corp. v. City of Lancaster, invalidating a municipality’s efforts to impose annual fees on utilities to occupy public...more

Jackson Walker

The City of Dallas Bolsters Its Regulations on Construction in the Public Right-of-Way

Jackson Walker on

On May 22, 2019, the Dallas City Council passed an ordinance that places new requirements on contractors working in the public right-of-way. The ordinance seeks to address concerns of pedestrians and vehicular traffic when...more

Perkins Coie

California Supreme Court Upholds Validity of Local Aesthetic Regulation of Telecommunications Infrastructure

Perkins Coie on

Local governments may require a permit conditioned on compatibility with aesthetic standards to install and maintain wireless communications infrastructure in the public right-of-way, the California Supreme Court held in...more

Best Best & Krieger LLP

Ordinance Regulating Aesthetics of Wireless in Public Rights of Way OK’d by California Supreme Court - Decision in T-Mobile West...

Yesterday marked a win for local government in the fight against preemption over local control of their streets. The California Supreme Court issued a decision in the T-Mobile West LLC v. City and County of San Francisco...more

Littler

Seventh Circuit Deflates Scabby the Rat's Ego and What it Means for Employers

Littler on

“Scabby the Rat” reared its inflatable rodent head last month in the United States Court of Appeals for the Seventh Circuit. In Constr. & Gen. Laborers’ Union 330 v. Town of Grand Chute, No. 18-1739 (7th Cir. Feb. 14, 2019...more

Foley & Lardner LLP

Have Electric Scooters Pushed Cities Too Far?

Foley & Lardner LLP on

In our May 31 article, “Scooters – The Next Mobility Wave”, we talked about how electric scooters such as Lime, Bird, and Spin have been taking cities by storm. We noted how they are many times met with enthusiasm by the...more

Benesch

New Municipal Public Right of Way Laws Fueled by Changes to Ohio Revised Code

Benesch on

In response to Ohio House Bill 478, new right of way (ROW) ordinances are currently being considered by a number of Ohio municipalities. Ohio House Bill 478 amends Ohio’s existing laws governing use and occupancy of the...more

Robinson+Cole RLUIPA Defense

Additional Eruv Disputes in New Jersey

We recently posted about a lawsuit filed by Bergen Rockland Eruv Association, Inc. (“BREA”) against the Township of Mahwah, New Jersey, regarding a dispute over the expansion of an eruv. Since then, eruv disputes have evoked...more

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