Crown Castle Seeks to Supplement Record in Pasadena’s Appeal

Appellee Crown Castle seeks to supplement the record in the 5th U.S. Circuit Appeals Court appeal of the city of Pasadena, Texas, with four documents pertinent to the district court’s granting of Pasadena’s motion for a stay in the case pending the appeal’s outcome, said its motion Wednesday (docket 22-20454). Pasadena didn’t oppose the motion, it said. Though Crown Castle’s opposition to the city’s stay motion, and the district court’s relevant rulings, didn’t make it into the initial appellate record, “these documents are material” to the city’s representation in its reply brief that Crown Castle failed to oppose the stay motion, the company said. In light of the city’s reply brief, filed Monday (see 2303070044), it’s “appropriate to include these items in the record” to give the 5th Circuit “a full picture of the proceedings,” Crown Castle said. Pasadena wants the 5th Circuit to reverse the lower court’s granting of summary judgment in Crown Castle’s favor on grounds that a "plain reading" of the city’s design manual shows the spacing requirement for small node networks is "clearly more burdensome" than the requirements applicable to other users of the public rights of way (see 2212010001).