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OPM - USA - INC. v. BOARD OF COUNTY COM'RS

No. 97-408-CIV-ORL-19.

7 F.Supp.2d 1316 (1997)

OPM - USA - INC., a Florida corporation, Plaintiff, v. BOARD OF COUNTY COMMISSIONERS OF BREVARD COUNTY, FLORIDA, a Florida local government, Defendant.

United States District Court, M.D. Florida, Orlando Division.

August 26, 1997.

Attorney(s) appearing for the Case

Mary D. Hansen, Storch, Hansen & Morris, P.A., Daytona Beach, FL, for OPM - USA - INC.

Scott L. Knox, County Attorney, Viera, FL, for Board of County Commissioners, Brevard County, Florida.

ORDER

FAWSETT, District Judge.

This case arises under the Federal Telecommunications Act of 1996, 47 United States Code Section 332(c)(7), et seq. Section 704 of such act requires that a decision by a local government to deny a request to place or construct a personal wireless facility must be in writing and supported by substantial evidence contained in a written record. This Court has jurisdiction. 28 U.S.C. § 1331.

FINDINGS...

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