United States Eighth Circuit
USCOC of Greater Iowa, Inc. v. Zoning Bd. of Adjustment of the City of Des Moines, 05-3049
READ
An order directing a zoning board to grant an application for a conditional use permit to construct a cellular tower at a particular location is reversed where a reasonable fact finder could have determined, as the board did, that the permit should be denied on either ground that: 1) the applicant could not show it qualified for an exception, and 2) construction of the tower as proposed required a variance, and applicant did not show it was entitled to one. Further, denial of the permit did not otherwise violate the Telecommunications Act since it does not result in the prohibition of the provision of personal wireless services.
Appellate Information
- Decided 10/11/2006
- Published 10/11/2006
Judges
- BOWMAN, Circuit Judge., Before LOKEN, Chief Judge, BOWMAN and BYE, Circuit Judges.
Court
- United States Eighth Circuit
Counsel
- For Appellant:
- Susan H. Low, argued, Des Moines, IA, for appellant
- For Appellees:
- Bret Alan Dublinske, argued, Des Moines, IA (Krista K. Tanner, Des Moines, IA, on the brief), for Appellee.