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USCOC OF VIRGINIA RSA# 3 v. MONTGOMERY COUNTY BD.

No. 7:02-CV-01065.

245 F.Supp.2d 817 (2003)

USCOC OF VIRGINIA RSA# 3, INC., and Ernie R. Marshall, Plaintiffs, v. MONTGOMERY COUNTY BOARD OF SUPERVISORS, Defendant.

United States District Court, W.D. Virginia, Roanoke Division.

February 24, 2003.

Attorney(s) appearing for the Case

James Robert Creekmore, Woods, Rogers & Hazlegrove, P.L.C., Roanoke, VA, for plaintiffs.

Kevin Philip Oddo, Joseph M. Rainsbury, Flippin, Densmore, Morse & Jessee, Roanoke, VA, Martin M. McMahon, Offices of County Atty., Christiansburg, VA, for defendant.

MEMORANDUM OPINION

KISER, Senior District Judge.

In this case, the plaintiffs challenge the defendant's denial of the plaintiffs' application for a special use permit to construct a wireless telecommunications transmission tower. Before me now are cross-motions for summary judgment. The parties have fully briefed the issues and appeared before me for oral argument on February 6, 2003. The motions are therefore ripe for disposition. For the reasons...

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