News

Eubank and Lavin Successfully Defend Cellular Telecommunications Equipment Built on Undeveloped Coastal Property

March 12, 2008

Bret Eubank, partner, and Cam Lavin, associate, successfully defended cellular telecommunications client Sprint PCS against Malibu landowners who brought suit seeking to have cellular communications equipment removed or relocated at Sprint’s expense. Plaintiffs claimed that the Sprint installation blocked access to their coastal property. The equipment is located immediately adjacent to Plaintiffs’ property, on the State-controlled right-of-way encompassing the Pacific Coast Highway in Malibu. The suit alleged failure to provide adequate notice of the construction, incorrect identification of the equipment location on the submitted plans, and failure to obtain the proper permits from the City of Malibu prior to installation.

The issues central to this case are hotly debated issues in California: State preemption vs. local regulation of telecommunications equipment is an issue set to be heard before the State Supreme Court. Also, Malibu’s exercise of authority over its coastal areas has been heavily litigated in recent years. Nonetheless, Eubank and Lavin were successful in defending their client against Plaintiffs’ claims regarding improper notice, incorrect physical placement, and blocked access. The Court found these contentions to be without merit and also ruled that Plaintiffs failed to show that Malibu was exercising authority over such installations at the time the equipment was permitted.

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