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T-MOBILE NORTHEAST LLC v. FREDERICK COUNTY BD.

Civil No. JFM-10-1037.

761 F.Supp.2d 282 (2010)

T-MOBILE NORTHEAST LLC, Plaintiff, v. FREDERICK COUNTY BOARD OF APPEALS and Frederick County Board of County Commissioners, Defendant.

United States District Court, D. Maryland.

December 30, 2010.

Attorney(s) appearing for the Case

Leslie Gallagher Moylan, T. Scott Thompson, Davis Wright Tremaine LLP, Washington, DC, for Plaintiff.

Michael J. Chomel, Office of the Frederick County Attorneys Office, Frederick, MD, for Defendant.

MEMORANDUM

J. FREDERICK MOTZ, District Judge.

Plaintiff T-Mobile Northeast LLC ("T-Mobile"), a wireless telecommunications service provider, applied to the Frederick County Board of Appeals ("the Board")1 for a special use exception to install a cell tower in Frederick County, Maryland in order to close a gap in T-Mobile's service coverage. Following the Board's denial of the application, T-Mobile filed this action seeking...

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