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OLDHAM CTY. PLANNING & ZONING v. COURIER COMM.

722 S.W.2d 904 (1987)

OLDHAM COUNTY PLANNING AND ZONING COMMISSION and Oldham County Board of Adjustments and Appeals, Appellants, v. COURIER COMMUNICATIONS CORPORATION: Gencom, Inc.; Jeftel Cellular Radio, Inc.; Westel-Louisville Company, Ltd.; Kentucky Cellular Telephone Co.; Charisma Communications/Louisville, Inc. and Midwest Mobilephone of Louisville, Inc., doing business as Louisville Cellular Telephone Company, a partnership d/b/a Cellular One, Appellees.

Court of Appeals of Kentucky.

January 23, 1987.

Attorney(s) appearing for the Case

James W. Pike, LaGrange, for appellants.

Charles S. Cassis, David B. Buechler, Brown, Todd & Heyburn, Louisville, for appellees.

Before CLAYTON, GUDGEL and McDONALD, JJ.

CLAYTON, Judge.

This appeal involves a dispute over the construction of a 290 foot transmission tower in Oldham County, Kentucky. The tower which is located on .247 acres of land north of Interstate 71 is part of a mobile telephone system constructed by the appellees (hereinafter referred to as Cellular One) to serve the greater Louisville metropolitan area. The appellants, Oldham County Planning and Zoning Commission and Oldham County Board of Adjustments and Appeals...

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