New opinion

T Mobile Northeast v. City of Wilmington — civil — reversal — Jordan

A federal law required wireless providers challenging denials of permission to build cell towers to bring their challenge “within 30 days after” the denial. Here, the wireless provider raised its challenge before the denial was final, and didn’t supplement it within 30 days after. The district court held that the claim was unripe when filed and not saved by relation back, granting summary judgment against the provider. Today, the Third Circuit reversed, agreeing that the initial complaint was unripe but holding that the belated supplemental complaint related back to the unripe complaint and thus cured the timeliness problem.

Joining Jordan was Nygaard; Vanaskie had been the third judge on the panel. Arguing counsel were Scott Thompson of D.C. for the wireless provider and Joseph Van Eaton of D.C. for the municipal appellees.