District Court: San Diego county’s zoning ordinance — which “imposes restrictions and permit requirements on the construction and location of wireless telecommunications facilities” — conflicts with federal law, and is preempted. The county is permanently enjoined from enforcing the zoning ordinance.
Ninth Circuit panel: we agree.
Ninth Circuit en banc: we don’t, injunction dissolved, case dismissed.
Sprint Telephony PCS, L.P. v. County of San Diego, Nos. 05-56076, 05-56435 (Sep. 11, 2008) (en banc).