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KAPLAN TELEPHONE v. CITY OF KAPLAN BD. OF ADJUSTMENT

No. 83-1047.

458 So.2d 664 (1984)

KAPLAN TELEPHONE COMPANY, Plaintiff-Appellant, v. CITY OF KAPLAN BOARD OF ADJUSTMENT, Defendant-Appellee.

Court of Appeal of Louisiana, Third Circuit.

Writ Denied January 7, 1985.

Attorney(s) appearing for the Case

Gary E. Theall, Abbeville, for plaintiff-appellant.

Wade A. Mouton, Kaplan, for defendant-appellee.

Before GUIDRY, STOKER and YELVERTON, JJ.

STOKER, Judge.

This case involves the granting and subsequent rescinding of an action by defendant authorizing a variance permitting the Kaplan Telephone Company to construct a microwave radio communication tower and parking lot on property which has a zoning classification preventing such a tower. We reverse the judgment of the trial court, finding that the action rescinding the variance was improper.

Most of the facts of this case are undisputed, and the...

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