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T-Mobile West Corporation, A Delaware Corporation v. City of Agoura Hills

December 20, 2010

T-MOBILE WEST CORPORATION, A DELAWARE CORPORATION, PLAINTIFF,
v.
CITY OF AGOURA HILLS, A PUBLIC ENTITY ORGANIZED AND EXISTING UNDER THE LAWS OF THE STATE OF CALIFORNIA; AND
THE CITY COUNCIL OF THE CITY OF AGOURA HILLS, DEFENDANTS.



The opinion of the court was delivered by: Hon. Dale S. Fischer

[JOINT PROPOSED] JUDGMENT AND ORDER

IT IS ORDERED, ADJUDGED, AND DECREED THAT judgment is entered in favor of Plaintiff T-Mobile West Corporation and against Defendants City of Agoura Hills and the City Council of the City of Agoura Hills ("City") on the Second Claim for Relief for violation of 47 U.S.C. § 332(c)(7)(B)(i)(II).

IT IS FURTHER ORDERED THAT on or before the later of January 19, 2011 or 30 days after entry of Judgment, Defendants shall issue the subject conditional use permit (Case No. 07-CUP-007) for Plaintiff's proposed wireless telecommunications facility at 5844 Larboard Lane, on the grounds of the Lindero Canyon Middle School in the City of Agoura Hills, subject to the standard and special conditions of approval attached as Exhibit 1 hereto and incorporated herein by this reference. Costs are awarded to Plaintiff.

IT IS SO ORDERED.

Hon. Dale S. Fisher UNITED STATES DISTRICT COURT JUDGE

EXHIBIT 1

STANDARD AND SPECIAL CONDITIONS OF APPROVAL

(CASE NO. 07-CUP-007 APPEAL)

STANDARD CONDITIONS

1. This action shall not be effective for any purpose until the applicant has agreed in writing that the applicant is aware of, and accepts all Conditions of Approval of this Permit with the Department of Planning and Community Development.

2. Except as modified herein, the approval of this action is limited to and requires complete confirmation to the approved Site Plan, Elevation Plans, and Equipment Details Plans.

3. It is further declared and made a Condition of this action that if any Condition herein is violated, the permit shall be suspended and the privileges granted hereunder shall lapse; provided that the applicant has been given written notice to cease such violation and has failed to do so within thirty (30) days.

4. All requirements of the Zoning Ordinance and of the specific zoning designation of the subject property must be complied with unless set forth in the Permit or on the approved Site Plan.

5. For construction within public right-of-way, an encroachment permit is required in accordance with Agoura Hills Municipal Code. All required applicable fees, securities, and insurance must be ...


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