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NEW CINGULAR WIRELESS PSC v. CITY OF TALLAHASSEE

Case No. 4:11CV467-RH/WCS.

856 F.Supp.2d 1244 (2012)

NEW CINGULAR WIRELESS PSC, LLC, Plaintiff, v. CITY OF TALLAHASSEE, Defendant.

United States District Court, N.D. Florida, Tallahassee Division.

April 3, 2012.

Attorney(s) appearing for the Case

Mary Doty Solik, Law Offices of John L. Di Masi PA, Orlando, FL, for Plaintiff.

Mohammad Omar Jazil, Danny Richard Stengle, Hopping Green & Sams PA, John Clark Davis, John C. Davis PA, Tallahassee, FL, for Defendant.

ORDER GRANTING SUMMARY-JUDGMENT

ROBERT L. HINKLE, District Judge.

This case presents the issue whether the plaintiff New Cingular Wireless PSC, LLC — a provider of cellular-telephone service referred to in this order as "AT & T" — may build a cellular-telephone tower within the Benjamin's Run Planned Unit Development in the City of Tallahassee. After an evidentiary hearing, a state administrative law judge entered a recommended order...

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