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USOC OF GREATER IA v. CITY OF BELLEVUE, NE

No. 4:03CV3197.

279 F.Supp.2d 1080 (2003)

USOC OF GREATER IOWA, INC., substituted for U.S. Cellular Corp., Plaintiff, v. CITY OF BELLEVUE, NEBRASKA, Defendant.

United States District Court, D. Nebraska.

August 28, 2003.

Attorney(s) appearing for the Case

Bret A. Dublinske, Dickinson, Mackaman Law Firm Lincoln, NE, Krista K. Tanner, Dickinson, Mackaman Law Firm Des Moines, IA, Steven G. Seglin, Crosby, Guenzel Law Firm, Lincoln, NE, for Plaintiff.

Michael D. McClellan, Nelson, Mcclellan Law Firm Omaha, NE, for Defendant.

MEMORANDUM AND ORDER

KOPF, District Judge.

This case presents the question of whether the City of Bellevue wrongly denied an application for a conditional use permit that would have allowed the construction and operation of a cell phone tower. The primary issue is whether the City's denial of the permit was "in writing" and "supported by substantial evidence contained in a written record" as required by a provision of the federal Telecommunications Act....

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