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VOICE STREAM PCS I, LLC v. CITY OF HILLSBORO

Civil No. 03-365-MO.

301 F.Supp.2d 1251 (2004)

VOICE STREAM PCS I, LLC, d/b/a T-Mobile, Plaintiff, Golden Road Baptist Church, Involuntary Plaintiff, v. CITY OF HILLSBORO, Defendant.

United States District Court, D. Oregon.

February 2, 2004.

Attorney(s) appearing for the Case

Christopher P. Koback, Davis Wright Tremaine, LLP, Portland, OR, for Plaintiff.

Pamela J. Beery, Paul C. Elsner, Beery & Elsner, LLP, Portland, OR, for Defendant.

OPINION AND ORDER

MOSMAN, District Judge.

Plaintiff Voice Stream PCS I, LLC ("plaintiff") brings this lawsuit under the Telecommunications Act of 1996 ("TCA"), seeking to overturn the City of Hillsboro's decision to deny plaintiff's conditional-use application to erect a wireless-telecommunications (or, as commonly called, a "cell-phone") tower in a residentially zoned area. The issues in this case pit the TCA's intention to deregulate the wireless telephone...

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