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AT & T WIRELESS PCS, INC. v. WINSTON-SALEM ZONING BD.

No. 1:97CV01246.

11 F.Supp.2d 760 (1998)

AT & T WIRELESS PCS, INC., Plaintiff, v. The WINSTON-SALEM ZONING BOARD OF ADJUSTMENT, Defendant.

United States District Court, M.D. North Carolina.

June 12, 1998.

Attorney(s) appearing for the Case

James G. Middlebrooks, Smith, Helms, Mulliss & Moore, Charlotte, NC, for Plaintiff.

Ronald G. Seeber, Office of City Atty., Winston-Salem, NC, Nancy Benton Essex, Poyner & Spruill, L.L.P., Raleigh, NC, Charles C. Green, Jr., Office of Winston-Salem City Atty., Winston-Salem, NC, for Defendant.

MEMORANDUM OPINION

OSTEEN, District Judge.

This matter comes before the court on Defendant The Winston-Salem Zoning Board of Adjustment's motion for dismissal and the parties' cross-motions for summary judgment. The court will enter an order granting Plaintiff's motion.

Plaintiff AT & T Wireless PCS, Inc. (AWS) is one of several entities licensed by the Federal Communications Commission to provide wireless telephone services in Winston...

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