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

No. 1:97CV01246.

11 F.Supp.2d 769 (1998)

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

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

July 17, 1998.

Attorney(s) appearing for the Case

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

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

MEMORANDUM OPINION

OSTEEN, District Judge.

This action was filed by AT & T Wireless PCS, Inc. (AWS) to appeal a decision by The Winston-Salem Zoning Board of Adjustment (Board) to deny an application for a special use permit for the location of a cellular telephone tower on property owned by the Southeastern Center for Contemporary Art (SECCA). On June 12, 1998, this court held that the Board violated the Telecommunications Act of 1996(TCA), 47...

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