Superior Communications, et al v. City of Riverview

881 F3d 432 (6th Cir 2018). A religious radio station with a contract to rent antennas on a city-owned communications tower wanted to add antennas and increase its broadcast power. The FCC had approved the increase in broadcast power and the broadcaster asserted that that federal decision meant the city had to approve its request. The trial court dismissed all of plaintiff’s claims, finding that the city’s denial was a proper assertion of its property rights as the tower owner and not a violation of the plaintiff’s constitutional rights. The Sixth Circuit Court of Appeals upheld the lower court’s dismissal.