Pasadena Asks 30-Day Extension to Seek 5th Circuit En Banc Reconsideration
The appellant city of Pasadena, Texas, seeks a 30-day extension to Sept. 18 to file motions for panel rehearing and en banc reconsideration of the Aug. 4 decision by the 5th U.S. Circuit Court of Appeals affirming the district court’s…
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ruling in appellee Crown Castle’s favor (see 2308070002), said Pasadena’s motion Tuesday (docket 22-20454). Crown Castle is unopposed to a 14-day extension but opposes the 30-day extension requested in Pasadena’s motion, it said. Good cause exists for granting an extension, which isn’t sought for purposes of delay, “but so that the motions may be properly prepared,” said Pasadena. The 5th Circuit, like the district court, said Pasadena’s design manual unduly imposed burdensome requirements on Crown Castle’s small-node network.