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, district court’s grant of summary judgment in favor of the defendants is affirmed where: 1) the Minutes met the “in writing” requirement under the Act; 2) Board’s decision rejecting the permit for noncompliance with section 1514 is supported by substantial evidence; and 3) plaintiffs’ claim of unreasonable discrimination fails.
Read Helcher v. Dearborn County, No. 07-3949
Appellate Information
Appeal from the United States District Court for the Southern District of Indiana, New Albany Division
Decided February 9, 2010
Judges
Before: Flaum, Rovner, and Wood, Circuit Judges
Opinion by Circuit Judge Rovner
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