United States Eleventh Circuit
PREFERRED SITES, LLC v. TROUP COUNTY, 01-14182
A county violated section 704(a) of the Telecommunications Act of 1996, through denial of an application for conditional use approval, to construct a multiple user-wireless communication tower, where generalized concerns of citizens about aesthetics did not amount to substantial evidence; "final action" triggering a claim under section 704(a) is the authority's issuance of its written decision.
Appellate Information
- Decided 07/10/2002
- Published 07/10/2002
Judges
- BLACK, Circuit Judge:, Before BLACK and HULL Circuit Judges, and LAZZARA , District Judge.
Court
- United States Eleventh Circuit
Counsel
- For Appellant:
- Edward L. Long, Jr.,Willis, McKenzie & Long, LaGrange, GA, for Troup County., Sara Ann Evans, George C. Rosenzweig, Rosenzweig, Jones & MacNabb, P.C., Newnan, GA, for Preferred Sites, LLC.