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T-MOBILE NORTHEAST LLC v. HOWARD COUNTY BOARD OF APPEALS

No. 12-1682.

T-MOBILE NORTHEAST LLC, Plaintiff-Appellant, v. HOWARD COUNTY BOARD OF APPEALS, Defendant-Appellee.

United States Court of Appeals, Fourth Circuit.

Decided: May 3, 2013.

Attorney(s) appearing for the Case

ARGUED: Thomas Scott Thompson, DAVIS WRIGHT TREMAINE, LLP, Washington, D.C., for Appellant.

Melissa Shane Whipkey, HOWARD COUNTY OFFICE OF LAW, Ellicott City, Maryland, for Appellee.

ON BRIEF: Margaret Ann Nolan, County Solicitor, HOWARD COUNTY OFFICE OF LAW, Ellicott City, Maryland, for Appellee.

Affirmed by unpublished opinion. Judge Wynn wrote the opinion, in which Judge Wilkinson and Judge King concurred.

UNPUBLISHED

Unpublished opinions are not binding precedent in this circuit.

WYNN, Circuit Judge

T-Mobile Northeast LLC ("T-Mobile") challenges a zoning decision by the Howard County Board of Appeals (the "Board") denying T-Mobile's application for a conditional use permit to construct a communications tower on the property of a church located in the County. T-Mobile argues that the Board violated the Telecommunications...

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