United States Seventh Circuit

In a suit against a county by a wireless communications services provider for violation of various provisions of the Telecommunications Act of 1996 when the local Board of Zoning Appeals denied plaintiff's application for a conditional use permit to construct a wireless communication facility on property owned by co-plaintiffs, summary judgment in favor of defendants is affirmed where: 1) the Minutes met the "in writing" requirement under the Act; 2) the Board's decision rejecting the permit for noncompliance with section 1514 is supported by substantial evidence; and 3) plaintiffs' claim of unreasonable discrimination fails.

Appellate Information

• Argued 10/31/2008
• Decided 02/09/2010
• Published 02/09/2010

Judges

• ROVNER, Circuit Judge., Before FLAUM, ROVNER and WOOD, Circuit Judges.

Court

• United States Seventh Circuit

Counsel

• For Appellant:
  
• W. Edward Skees, Greenbaum, Doll & McDonald, Louisville, KY, for Plaintiffs-Appellants.


• For Appellees:
  
• Richard T. Mullineaux, Kightlinger & Gray, New Albany, IN, for Defendants-Appellees.