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THERNES v. CITY OF LAKESIDE PARK, KY.

No. 84-6009.

779 F.2d 1187 (1986)

John THERNES, Plaintiff-Appellant, v. CITY OF LAKESIDE PARK, KENTUCKY; William J. Schutte; City of Lakeside Park, Board of Adjustments; George R. Roth, Jr.; Ruth Higdon; David Hentz; Virginia Hiltz; Dr. Warren Corbin; and Northern Kentucky Area Planning Commission, Defendants-Appellees.

United States Court of Appeals, Sixth Circuit.

Decided January 6, 1986.

Attorney(s) appearing for the Case

George S. Wilson, III, Wilson, Wilson & Plain, Owensboro, Ky., Christopher D. Imlay, Booth, Freret & Imlay, Washington, D.C., for amicus curiae Radio Relay

Robert E. Manley, Jeffrey J. Harmon (argued), Manley, Jordan & Fischer, Cincinnati, Ohio, for plaintiff-appellant.

Joseph L. Baker (argued), Ziegler & Schneider, Garry L. Edmondson, Edmondson, Condit, Calvert & Simpson, Covington, Ky., for defendants-appellees.

Before ENGEL and KRUPANSKY, Circuit Judges, and PECK, Senior Circuit Judge.

PER CURIAM.

On April 8, 1983, appellant John Thernes, a federally licensed amateur radio operator, submitted two alternative applications for a zoning permit to the City of Lakeside Park, Kentucky, for the construction of an amateur radio antenna system.1 In a letter dated April 29, 1983, the Zoning Administrator of the City of Lakeside Park denied Thernes's applications. The letter stated in part:

a permit for construction of...

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