Preston v. the Board of Adjustment

1 Citing case

  1. Cingular Pennsylv. v. Sussex Cnty Bd.

    C.A. No. 05A-12-003-RFS (Del. Super. Ct. Jan. 19, 2007)   Cited 1 times

    The Board properly considered the study, but it cannot be a basis for the Board's denial of Cingular's request. Congress enacted the Telecommunications Act to aid in the construction of communication facilities. See 47 US C §§ 3 01 et seq. The Telecommunications Act preempts the state's right to regulate the environmental effects of radio frequency emissions where the facilities would operate within FCC guidelines . 47 USC § 322(c)(7)(B)(iv); see also, Preston v. Bd. of Adjustment, 2002 Del. Super. LEXIS 112, at *8-9 (Del.Super. Jan. 23, 20 02). Cingular's proposed Tower would operate within FCC guidelines; therefore, the Board is not free to deny the special use exception on that basis and did not do so. (b) Traffic Safety