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USCOC OF GREATER MISSOURI v. VILL. OF MARLBOROUGH

Case No. 4:08CV896 CDP.

618 F.Supp.2d 1055 (2009)

USCOC OF GREATER MISSOURI, L.L.C., Plaintiff, v. VILLAGE OF MARLBOROUGH, MISSOURI, Defendant.

United States District Court, E.D. Missouri, Eastern Division.

April 30, 2009.

Attorney(s) appearing for the Case

Eric D. Martin, Jill A. Lens, Husch Blackwell Sanders, LLP, St. Louis, MO, for Plaintiff.

Daniel G. Vogel, Cunningham, Vogel & Rost, PC, St. Louis, MO, for Defendant.

MEMORANDUM AND ORDER

CATHERINE D. PERRY, District Judge.

Plaintiff U.S. Cellular is seeking a court order that would allow it to build a cell phone tower on an abandoned McDonald's lot located in the Village of Marlborough, Missouri. Defendant Village of Marlborough denied U.S. Cellular's application to build a tower on the site, and refused to grant U.S. Cellular a variance from the Village's setback requirements. U.S. Cellular's eight-count complaint...

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