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GEARON & CO., INC. v. FULTON COUNTY, GA.

No. CIV.A.1:97-CV-3231-WBH.

5 F.Supp.2d 1351 (1998)

GEARON & CO., INC., d/b/a Gearon Communications, and Communication Towers, Inc., Plaintiffs, v. FULTON COUNTY, GEORGIA; Fulton County Board of Zoning Appeals; D. Scott Jones, Chairman, Board of Zoning Appeals; Rose McClain; Darius Keene, Jr.; Joe D. Hindman; Karen Thurman; Edward Vaughn; and Dale Reeves, Members of the Board of Zoning Appeals, in their individual and official capacities, Defendants.

United States District Court, N.D. Georgia, Atlanta Division.

April 23, 1998.

Attorney(s) appearing for the Case

Stephen Rothman, James Stuart Teague, Wilson, Block & Irby, Atlanta, GA, for Plaintiffs.

John Andrew Nix, Robert L. Zoeckler, Thomas A. Bowman, Maddox, Starnes & Nix, Conyers, GA, for Defendants.

ORDER

HUNT, District Judge.

Plaintiffs bring this action seeking review of the Fulton County Board of Zoning Appeal's ("BZA") denial of its request for a zoning variance under the Telecommunications Act of 1996 ("TCA"), 47 U.S.C. § 332. Plaintiffs also assert various federal and state constitutional claims. The Court has jurisdiction over this matter pursuant to 28 U.S.C. § 1331. On December...

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