AT&T’s Opening Brief Due May 10 in Its Cell Tower Appeal vs. Lane County, Ore.

AT&T is appealing a magistrate judge’s Oct. 25 decision granting summary judgment for Lane County, Oregon, and dismissing AT&T’s complaint to reverse the county’s denial of its application to build a 150-foot-tall cell tower (see 2310260038), said its notice of appeal Thursday (docket 6:22-cv-01635) in U.S. District Court for Oregon in Eugene. U.S. Magistrate Judge Mustafa Kasubhai denied AT&T’s motion for reconsideration Jan. 25 (see 2401260009). In granting summary judgment for the county, the judge held that AT&T failed to exhaust its remedies under Oregon’s administrative land use process. AT&T’s motion for reconsideration “raises no new arguments and fails to demonstrate any mistake” in the court’s reasoning or other reason that justifies relief under Rule 60(b)(1) or (6), said the Kasubhai’s denial order. The 9th U.S. Circuit Appeal Court docketed AT&T’s appeal as case number 24-855. AT&T's mediation questionnaire in the appeal is due Wednesday, and May 10 is AT&T's deadline for its opening brief, said the 9th Circuit's time schedule order Friday. The county's answering brief is due June 10, said the order.