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MIOP, INC. v. CITY OF GRAND RAPIDS

No. 1:01-CV-335.

175 F.Supp.2d 952 (2001)

MIOP, INC., as agent for VoiceStream Wireless Corp. and other telecommunication companies, Plaintiff, v. CITY OF GRAND RAPIDS and Grand Rapids City Commission, Defendants.

United States District Court, W.D. Michigan, Southern Division.

October 15, 2001.

Attorney(s) appearing for the Case

Eric S. Richards, Mika, Meyers, Beckett & Jones, PLC, Grand Rapids, MI, for Miop Inc, as agent for VoiceStream Wireless Corp. and other telecommunication companies agent VoiceStream Wireless Corp., pltfs.

James L. Wernstrom, Law, Weathers & Richardson, Grand Rapids, MI, for Grand Rapids, City of, Grand Rapids City Commission, defts.

OPINION

ROBERT HOLMES BELL, Chief Judge.

Before the Court are the Plaintiff MIOP, Inc.'s ("MIOP") and Defendants City of Grand Rapids and Grand Rapids City Commission's (collectively the "City") cross motions for summary judgment on Count I of Plaintiff's complaint and Defendants' motion to dismiss Counts II through VI. Plaintiff seeks to construct a 150 foot tower at 2340 Dean Lake Road for the provision of personal communication services ("PCS"...

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