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WILLIAMS v. CITY OF COLUMBIA

No. 89-1068.

906 F.2d 994 (1990)

John F. WILLIAMS, Plaintiff-Appellant, v. CITY OF COLUMBIA; City of Columbia Zoning Board of Adjustment; J.M. McCulloch; Zack Weston; Katheryn Bellfield; Shirley Curry; Marsha Monteith; Edgar L. Morris; Richard M. Unger, In their official capacities as members of the City of Columbia Zoning Board of Adjustment; Nathanial B. Land, Jr., In his official capacity as Zoning Administrator of the City of Columbia, Defendants-Appellees, The American Radio Relay League, Incorporated, Amicus Curiae.

United States Court of Appeals, Fourth Circuit.

Decided June 29, 1990.

As Amended July 10, 1990.

Attorney(s) appearing for the Case

Richard Ashby Farrier, Jr., argued, John F. Kuppens, on brief, Nelson, Mullins, Riley & Scarborough, Columbia, S.C., for appellant.

James Shelton Meggs, argued, Roy D. Bates, on brief, City Attorney's Office, Columbia, S.C., for appellees.

Charles Freret, Christopher D. Imlay, Booth, Freret & Imlay, Washington, D.C., for amicus curiae.

Before RUSSELL and SPROUSE, Circuit Judges, and DUPREE, Senior United States District Judge for the Eastern District of North Carolina, sitting by designation.

DUPREE, Senior District Judge:

This appeal from a grant of summary judgment entered by the district court in favor of defendants-appellees presents a conflict between a City of Columbia, South Carolina (the City), zoning ordinance requiring a special exception for radio antennas exceeding seventeen feet in height and the desires of plaintiff-appellant John F. Williams to erect an antenna of sufficient height to communicate with all areas of the world. For the reasons...

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