OPINION OF THE COURT
RANCHO PALOS VERDES V. ABRAMS
544 U. S. ____ (2005)
SUPREME COURT OF THE UNITED STATES
NO. 03-1601
CITY OF RANCHO PALOS VERDES, CALIFORNIA,
et al., PETITIONERS
v. MARK J. ABRAMS
on writ of certiorari to the united states court of
appeals for the ninth circuit
[March 22, 2005]
Justice Scalia delivered the
opinion of the Court.
We decide in this case whether an
individual may enforce the limitations on local zoning authority
set forth in §332(c)(7) of the Communications Act of 1934, 47 U.
S. C. §332(c)(7), through an action under Rev. Stat. §1979, 42
U. S. C. §1983.
I
Congress enacted the
Telecommunications Act of 1996 (TCA), 110 Stat. 56, to promote
competition and higher quality in American telecommunications
services and to “encourage the rapid deployment of new
telecommunications technologies.”
Ibid. One of the means
by which it sought to accomplish these goals was reduction of the
impediments imposed by local governments upon the installation of
facilities for wireless communications, such as antenna towers. To
this end, the TCA amended the Communications Act of 1934, 48 Stat.
1064, to include §332(c)(7), which imposes specific limitations on
the traditional authority of state and local governments to
regulate the location, construction, and modification of such
facilities, 110 Stat. 151, codified at 47 U. S. C. §332(c)(7).
Under this provision, local governments may not “unreasonably
discriminate among providers of functionally equivalent services,”
§332(c)(7)(B)(i)(I), take actions that “prohibit or have the effect
of prohibiting the provision of personal wireless services,”
§332(c)(7)(B)(i)(II), or limit the placement of wireless facilities
“on the basis of the environmental effects of radio frequency
emissions,” §332(c)(7)(B)(iv). They must act on requests for
authorization to locate wireless facilities “within a reasonable
period of time,” §332(c)(7)(B)(ii), and each decision denying such
a request must “be in writing and supported by substantial evidence
contained in a written record,” §332(c)(7)(B)(iii). Lastly,
§332(c)(7)(B)(v), which is central to the present case, provides as
follows:
“Any person adversely affected by any final action
or failure to act by a State or local government or any
instrumentality thereof that is inconsistent with this subparagraph
may, within 30 days after such action or failure to act, commence
an action in any court of competent jurisdiction.”
Respondent Mark Abrams owns a
home in a low-density, residential neighborhood in the City of
Rancho Palos Verdes, California (City). His property is located at
a high elevation, near the peak of the Rancho Palos Verdes
Peninsula.
Rancho Palos Verdes v.
Abrams, 101
Cal. App. 4th 367, 371, 124 Cal. Rptr. 2d 80, 82 (2002). The record
reflects that the location is both scenic and, because of its high
elevation, ideal for radio transmissions.
Id., at 371–372,
124 Cal. Rptr. 2d, at 82–83.
In 1989, respondent obtained a permit from the
City to construct a 52.5-foot antenna on his property for amateur
use.[
Footnote 1] He installed
the antenna shortly thereafter, and in the years that followed
placed several smaller, tripod antennas on the property without
prior permission from the City. He used the antennas both for
noncommercial purposes (to provide an amateur radio service and to
relay signals from other amateur radio operators) and for
commercial purposes (to provide customers two-way radio
communications from portable and mobile transceivers, and to repeat
the signals of customers so as to enable greater range of
transmission).
Ibid.
In 1998, respondent sought permission to
construct a second antenna tower. In the course of investigating
that application, the City learned that respondent was using his
antennas to provide a commercial service, in violation of a City
ordinance requiring a “conditional-use permit” from the City
Planning Commission (Commission) for commercial antenna use. See
Commission Resolution No. 2000–12 (“A Resolution of the Planning
Commission of the City of Rancho Palos Verdes Denying With
Prejudice Conditional Use Permit No. 207 for the Proposed
Commercial Use of Existing Antennae on an Existing Antenna Support
Structure, Located at 44 Oceanaire Drive in the
Del Cerro
Neighborhood”), App. to Pet. for Cert. 54a. On suit by the City,
Los Angeles County Superior Court enjoined respondent from using
the antennas for a commercial purpose.
Rancho Palos
Verdes, 101 Cal. App. 4th, at 373, 124 Cal. Rptr. 2d, at 84;
App. to Pet. for Cert. 35a.
Two weeks later, in July of 1999, respondent
applied to the Commission for the requisite conditional-use permit.
The application drew strong opposition from several of respondent’s
neighbors. The Commission conducted two hearings and accepted
written evidence, after which it denied the application.
Id., at 54a–63a. The Commission explained that granting
respondent permission to operate commercially “would perpetuate …
adverse visual impacts” from respondent’s existing antennas and
establish precedent for similar projects in residential areas in
the future.
Id., at 57a. The Commission also concluded
that denial of respondent’s application was consistent with 47 U.
S. C. §332(c)(7), making specific findings that its action
complied with each of that provision’s requirements. App. to Pet.
for Cert. 61a–62a. The city council denied respondent’s appeal.
Id., at 52a. See, generally, No. CV00–09071–SVW (RNBx) (CD
Cal., Jan. 9, 2002), App. to Pet. for Cert. 22a–23a.
On August 24, 2000, respondent filed this
action against the City in the District Court for the Central
District of California, alleging, as relevant, that denial of the
use permit violated the limitations placed on the City’s zoning
authority by §332(c)(7). In particular, respondent charged that the
City’s action discriminated against the mobile relay services he
sought to provide, §332(c)(7)(B)(i)(I), effectively prohibited the
provision of mobile relay services, §332(c)(7)(B)(i)(II), and was
not supported by substantial evidence in the record,
§332(c)(7)(B)(iii). Pet. App. 17a. Respondent sought injunctive
relief under §332(c)(7)(B)(v), and money damages and attorney’s
fees under 42 U. S. C. §§1983 and 1988. Plaintiff/Petitioner’s
Brief Re: Remedies and Damages, Case No. 00–09071–SVW (RNBx) (CD
Cal., Feb. 25, 2002), App. to Reply Brief for Petitioners
2a-7a.
Notwithstanding §332(c)(7)(B)(v)’s direction
that courts “hear and decide” actions “on an expedited basis,” the
District Court did not act on respondent’s complaint until January
9, 2002, 16 months after filing; it concluded that the City’s
denial of a conditional-use permit was not supported by substantial
evidence. App. to Pet. for Cert. 23a–26a. The court explained that
the City could not rest its denial on aesthetic concerns, since the
antennas in question were already in existence and would remain in
place whatever the disposition of the permit application.
Id., at 23a–24a. Nor, the court said, could the City
reasonably base its decision on the fear of setting precedent for
the location of commercial antennas in residential areas, since
adverse impacts from new structures would always be a basis for
permit denial.
Id., at 25a. In light of the paucity of
support for the City’s action, the court concluded that denial of
the permit was “an act of spite by the community.”
Id., at
24a. In an order issued two months later, the District Court held
that §332(c)(7)(B)(v) provided the exclusive remedy for the City’s
actions. Judgment of Injunction, No. CV00–09071–SVW (RNBx) (CD
Cal., Mar. 18, 2002), App. to Pet. for Cert. 14a. Accordingly, it
ordered the City to grant respondent’s application for a
conditional-use permit, but refused respondent’s request for
damages under §1983. Respondent appealed.
The Court of Appeals for the Ninth Circuit
reversed on the latter point, and remanded for determination of
money damages and attorney’s fees. 354 F. 3d 1094, 1101
(2004). We granted certiorari. 542 U. S. ___ (2004).
II
A
Title 42 U. S. C. §1983
provides:
“Every person who, under color of any statute,
ordinance, regulation, custom, or usage, of any State or Territory
… subjects, or causes to be subjected, any citizen of the United
States or other person within the jurisdiction thereof to the
deprivation of any rights, privileges, or immunities secured by the
Constitution and laws, shall be liable to the party injured in an
action at law, suit in equity, or other proper proceeding for
redress.”
In
Maine v.
Thiboutot,
448 U. S. 1 (1980), we
held that this section “means what it says” and authorizes suits to
enforce individual rights under federal statutes as well as the
Constitution.
Id., at 4.
Our subsequent cases have made clear, however,
that §1983 does not provide an avenue for relief every time a state
actor violates a federal law. As a threshold matter, the text of
§1983 permits the enforcement of “
rights, not the broader
or vaguer ‘benefits’ or ‘interests.’ ”
Gonzaga Univ.
v.
Doe,
536
U. S. 273, 283 (2002) (emphasis in original). Accordingly, to
sustain a §1983 action, the plaintiff must demonstrate that the
federal statute creates an individually enforceable right in the
class of beneficiaries to which he belongs. See
id., at
285.
Even after this showing, “there is only a
rebuttable presumption that the right is enforceable under §1983.”
Blessing v.
Freestone,
520 U. S. 329, 341
(1997). The defendant may defeat this presumption by demonstrating
that Congress did not intend that remedy for a newly created right.
See
ibid.; Smith v.
Robinson,
468 U. S. 992, 1012
(1984). Our cases have explained that evidence of such
congressional intent may be found directly in the statute creating
the right, or inferred from the statute’s creation of a
“comprehensive enforcement scheme that is incompatible with
individual enforcement under §1983.”
Blessing,
supra, at 341.[
Footnote
2] See also
Middlesex County Sewerage Authority v.
National Sea Clammers Assn., 453 U. S. 1, 19–20 (1981).
“The crucial consideration is what Congress intended.”
Smith,
supra, at 1012.
B
The City conceded below, and
neither the City nor the Government as
amicus disputes
here, that §332(c)(7) creates individually enforceable rights; we
assume,
arguendo, that this is so. The critical question,
then, is whether Congress meant the judicial remedy expressly
authorized by §332(c)(7) to coexist with an alternative remedy
available in a §1983 action. We conclude not.
The provision of an express,
private means of redress in the statute itself is ordinarily an
indication that Congress did not intend to leave open a more
expansive remedy under §1983. As we have said in a different
setting, “[t]he express provision of one method of enforcing a
substantive rule suggests that Congress intended to preclude
others.”
Alexander v.
Sandoval,
532 U. S. 275, 290
(2001). Thus, the existence of a more restrictive private remedy
for statutory violations has been the dividing line between those
cases in which we have held that an action would lie under §1983
and those in which we have held that it would not.
We have found §1983 unavailable to remedy
violations of federal statutory rights in two cases:
Sea
Clammers and
Smith. Both of those decisions rested
upon the existence of more restrictive remedies provided in the
violated statute itself. See
Smith,
supra, at
1011–1012 (recognizing a §1983 action “would . . . render
superfluous most of the detailed procedural protections outlined in
the statute”);
Sea Clammers,
supra, at 20
(“[W]hen a state official is alleged to have violated a federal
statute which provides its own comprehensive enforcement scheme,
the requirements of that enforcement procedure may not be bypassed
by bringing suit directly under §1983” (internal quotation marks
omitted)). Moreover, in
all of the cases in which we have
held that §1983
is available for violation of a federal
statute, we have emphasized that the statute at issue, in contrast
to those in
Sea Clammers and
Smith,
did
not provide a private judicial remedy (or, in most of the
cases, even a private administrative remedy) for the rights
violated. See
Blessing,
supra, at 348 (“Unlike
the federal programs at issue in
[Sea Clammers and Smith],
Title IV–D contains no private remedy—either judicial or
administrative—through which aggrieved persons can seek redress”);
Livadas v.
Bradshaw, 512 U. S. 107, 133–134
(1994) (there was a “complete absence of provision for relief from
governmental interference” in the statute);
Golden State
Transit Corp. v.
Los Angeles, 493 U. S. 103, 108–109
(1989) (“There is . . . no comprehensive enforcement scheme for
preventing state interference with federally protected labor rights
that would foreclose the §1983 remedy”);
Wilder v.
Virginia Hospital Assn.,
496 U. S. 498, 521
(1990) (“The Medicaid Act contains no . . . provision for private
judicial or administrative enforcement” comparable to those in
Sea Clammers and
Smith);
Wright v.
Roanoke Redevelopment and Housing Authority, 479 U. S. 418, 427
(1987) (“In both
Sea Clammers and
Smith . . . ,
the statutes at issue themselves provided for private judicial
remedies, thereby evidencing congressional intent to supplant the
§1983 remedy. There is nothing of that kind found in the . . .
Housing Act”).
The Government as
amicus, joined by
the City, urges us to hold that the availability of a private
judicial remedy is not merely indicative of, but conclusively
establishes, a congressional intent to preclude §1983 relief. Brief
for United States 17; Brief for Petitioners 35. We decline to
do so. The ordinary inference that the remedy provided in the
statute is exclusive can surely be overcome by textual indication,
express or implicit, that the remedy is to complement, rather than
supplant, §1983.
There is, however, no such indication in the
TCA, which adds no remedies to those available under §1983, and
limits relief in ways that §1983 does not. Judicial review of
zoning decisions under §332(c)(7)(B)(v) must be sought within 30
days after the governmental entity has taken “final action,” and,
once the action is filed, the court must “hear and decide” it “on
an expedited basis.” §332(c)(7)(B)(v). The remedies available,
moreover, perhaps do not include compensatory damages (the lower
courts are seemingly in disagreement on this point[
Footnote 3]), and certainly do not include
attorney’s fees and costs.[
Footnote
4] A §1983 action, by contrast, can be brought much later than
30 days after the final action,[
Footnote 5] and need not be heard and decided on an
expedited basis. And the successful plaintiff may recover not only
damages but reasonable attorney’s fees and costs under 42 U.
S. C. §1988.
Thiboutot, 448 U. S., at 9. Liability
for attorney’s fees would have a particularly severe impact in the
§332(c)(7) context, making local governments liable for the (often
substantial) legal expenses of large commercial interests for the
misapplication of a complex and novel statutory scheme. See
Nextel Partners Inc. v.
Kingston Township, 286
F. 3d 687, 695 (CA3 2002) (Alito, J.) (“TCA plaintiffs are
often large corporations or affiliated entities, whereas TCA
defendants are often small, rural municipalities”);
Primeco
Personal Communications, Ltd. Partnership v.
Mequon,
352 F. 3d 1147, 1152 (CA7 2003) (Posner, J.) (similar).
Respondent’s only response to the
attorney’s-fees point is that it is a “policy argumen[t],” properly
left to Congress. Brief for Respondent 35–36. That response
assumes, however, that Congress’s refusal to attach attorney’s fees
to the remedy that it created in the TCA does not
itself
represent a congressional choice.
Sea Clammers and
Smith adopt the opposite assumption—that limitations upon
the remedy contained in the statute are deliberate and are not to
be evaded through §1983. See
Smith, 468 U. S., at
1011–1012, and n. 5;
Sea Clammers, 453 U. S., at 14,
20.
Respondent disputes that a §1983 action to
enforce §332(c)(7)(B) would enjoy a longer statute of limitations
than an action under §332(c)(7)(B)(v). He argues that the rule
adopted in
Wilson v.
Garcia,
471 U. S. 261 (1985), that §1983
claims are governed by the state-law statute of limitations for
personal-injury torts, does not apply to §1983 actions to enforce
statutes that themselves contain a statute of limitations; in such
cases, he argues, the limitations period in the federal statute
displaces the otherwise applicable state statute of limitations.
This contention cannot be reconciled with our decision in
Wilson, which expressly rejected the proposition that the
limitations period for a §1983 claim depends on the nature of the
underlying right being asserted. See
id., at 271–275. We
concluded instead that 42 U. S. C. §1988 is “a directive to
select, in each State, the one most appropriate statute of
limitations for
all §1983 claims.” 471 U. S., at 275
(emphasis added); see also
Owens v.
Okure,
488 U. S. 235, 240–241 (1989) (“42 U.
S. C. §1988 requires courts to borrow and apply to
all
§1983 claims the one most analogous state statute of
limitations” (emphasis added)). We acknowledged that “a few §1983
claims are based on statutory rights,”
Wilson,
supra, at 278, but carved out no exception for them.
Respondent also argues that, if 28 U.
S. C. §1658 (2000 ed., Supp. II), rather than
Wilson,
applies to his §1983 action, see n. 4,
supra, §1658’s
4-year statute of limitations is inapplicable. This is so, he
claims, because §332(c)(7)(B)(v)’s requirement that actions be
filed within 30 days falls within §1658’s prefatory clause, “Except
as otherwise provided by law.”[
Footnote 6] We think not. The language of §332(c)(7)(B)(v)
that imposes the limitations period (“within 30 days after such
action or failure to act”) is inextricably linked to—indeed, is
embedded within—the language that creates the right of action (“may
. . . commence an action in any court of competent jurisdiction”).
It cannot possibly be regarded as a statute of limitations
generally applicable to
any action to enforce the rights
created by §332(c)(7)(B). Cf.
Agency Holding Corp. v.
Malley-Duff & Associates, Inc.,
483 U. S. 143, 168
(1987) (Scalia, J., concurring in judgment) (“Federal statutes of
limitations . . . are almost invariably tied to specific causes of
action”). Respondent’s argument thus reduces to a suggestion that
we “borrow” §332(c)(7)(B)(v)’s statute of limitations and attach it
to §1983 actions asserting violations of §332(c)(7)(B). Section
1658’s “[e]xcept as otherwise provided by law” clause does not
support this suggestion.
C
The Ninth Circuit based its
conclusion that Congress intended to permit plaintiffs to proceed
under §1983, in part, on the TCA’s so-called “saving clause,” TCA
§601(c)(1), 110 Stat. 143, note following 47 U. S. C. §152.
354 F. 3d, at 1099–1100. That provision reads as follows:
“(1) No implied effect—This Act and the amendments
made by this Act shall not be construed to modify, impair, or
supersede Federal, State, or local law unless expressly so provided
in such Act or amendments.”
The Court of Appeals took this to be an express
statement of Congress’s intent
not to preclude an action
under §1983, reasoning that to do so would be to
“ ‘impair’ ” the operation of that section. 354
F. 3d, at 1100.
We do not think this an apt assessment of what
“impair[ment]” consists of. Construing §332(c)(7), as we do, to
create rights that may be enforced only through the statute’s
express remedy, leaves the pre-TCA operation of §1983 entirely
unaffected. Indeed, the crux of our holding is that §332(c)(7) has
no effect on §1983 whatsoever: The rights §332(c)(7) created may
not be enforced under §1983 and, conversely, the claims available
under §1983 prior to the enactment of the TCA continue to be
available after its enactment. The saving clause of the TCA does
not require a court to go farther and permit enforcement under
§1983 of the TCA’s substantive standards. To apply to the present
case what we said with regard to a different statute: “The right
[Abrams] claims under [§332(c)(7)] did not even arguably exist
before the passage of [the TCA]. The only question here, therefore,
is whether the rights created by [the TCA] may be asserted within
the
remedial framework of [§1983].”
Great American
Fed. Sav. & Loan Assn. v.
Novotny, 442 U. S. 366, 376–377 (1979).
This interpretation of the saving clause is
consistent with
Sea Clammers. Saving clauses attached to
the statutes at issue in that case provided that the statutes
should not be interpreted to “ ‘restrict any right which any
person . . . may have under any statute or common law to seek
enforcement of any . . . standard or limitation or to seek any
other relief (including relief against the Administrator or a State
agency).’ 33 U. S. C. §1365(e).” 453 U. S., at 7, n. 10;
see also
id., at 8, n. 11. We refused to read those
clauses to “preserve” a §1983 action, holding that they did not
“refer … to a suit for redress of a violation of th[e] statutes [at
issue] … .”
Id., at 20–21, n. 31.
***
Enforcement of §332(c)(7) through
§1983 would distort the scheme of expedited judicial review and
limited remedies created by §332(c)(7)(B)(v). We therefore hold
that the TCA—by providing a judicial remedy different from §1983 in
§332(c)(7) itself—precluded resort to §1983. The judgment of the
Court of Appeals is reversed, and the case is remanded for further
proceedings consistent with this opinion.
It is so ordered.
Footnote 1
The City’s approval specified a maximum
height of 40 feet, but, because of an administrative error, the
permit itself authorized respondent to construct a tower 12.5 feet
taller. 354 F. 3d 1094, 1095 (CA9 2004).
Footnote 2
This does not contravene the canon against
implied repeal, see
Posadas v.
National City
Bank, 296 U. S.
497, 503 (1936), because we have held that canon inapplicable
to a statute that creates no rights but merely provides a civil
cause of action to remedy “some otherwise defined federal right,”
Great American Fed. Sav. & Loan Assn. v.
Novotny, 442 U. S. 366, 376 (1979) (dealing
with a provision related to §1983, 42 U. S. C. §1985(3)). In
such a case, “we are not faced . . . with a question of implied
repeal,” but with whether the rights created by a later statute
“may be asserted within the
remedial framework” of the
earlier one.
Great American Fed. Sav. & Loan Assn.,
442 U. S., at 376–377.
Footnote 3
Compare
Primeco Personal Communications,
Ltd. Partnership v.
Mequon, 352 F. 3d 1147, 1152–1153
(CA7 2003) (damages are presumptively available), with
Omnipoint Communications MB Operations, LLC v.
Lincoln, 107 F. Supp. 2d 108, 120–121 (D. Mass. 2000)
(“[T]he majority of district courts … have held that the
appropriate remedy for a violation of the TCA is a mandatory
injunction”).
Footnote 4
Absent express provision to the contrary,
litigants must bear their own costs.
Alyeska Pipeline Service
Co. v.
Wilderness Society, 421 U. S. 240, 249–250
(1975). The Communications Act of 1934 authorizes the award of
attorney’s fees in a number of provisions, but not in
§332(c)(7)(B)(v). See,
e.g., 47 U. S. C. §§206,
325(e)(10), 551(f)(2)(C), 605(e)(3)(B)(iii).
Footnote 5
The statute of limitations for a §1983 claim
is generally the applicable state-law period for personal-injury
torts.
Wilson v.
Garcia,
471 U. S. 261, 275, 276 (1985); see
also
Owens v.
Okure, 488 U. S. 235, 240–241 (1989). On this
basis, the applicable limitations period for respondent’s §1983
action would presumably be one year. See
Silva v.
Crain, 169 F. 3d 608, 610 (CA9 1999) (citing Cal.
Civ. Proc. Code Ann. §340(3) (West 1999)). It may be, however, that
this limitations period does not apply to respondent’s §1983 claim.
In 1990, Congress enacted 28 U. S. C. §1658(a) (2000 ed.,
Supp. II), which provides a 4-year, catchall limitations period
applicable to “civil action[s] arising under an Act of Congress
enacted after” December 1, 1990. In
Jones v.
R. R. Donnelley & Sons Co.,
541 U. S. 369 (2004), we
held that this 4-year limitations period applies to all claims
“made possible by a post-1990 [congressional] enactment.”
Id., at 382. Since the claim here rests upon violation of
the post-1990 TCA, §1658 would seem to apply.
Footnote 6
Title 28 U. S. C. §1658(a) provides as
follows:
“Except as otherwise provided by law, a civil
action arising under an Act of Congress enacted after the date of
the enactment of this section may not be commenced later than 4
years after the cause of action accrues.”
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