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WESTEL-MILWAUKEE CO. v. WALWORTH COUNTY

No. 95-2097.

205 Wis.2d 244 (1996)

556 N.W.2d 107

WESTEL-MILWAUKEE COMPANY, INC., d/b/a Cellular One, Plaintiff-Appellant, v. WALWORTH COUNTY, a municipal corporation, Walworth County Park and Planning Commission, Francis H. Dobbs, Director of Walworth County Department of Planning, Zoning and Sanitation, Defendants-Respondents.

Court of Appeals of Wisconsin.

Decided September 4, 1996.

Attorney(s) appearing for the Case

On behalf of the plaintiff-appellant, the cause was submitted on the briefs of William P. O'Connor of Wheeler, Van Sickle & Anderson, S.C. of Madison.

On behalf of the defendants-respondents, the cause was submitted on the briefs of Russell W. Devitt of Soffa & Devitt of Whitewater.

Before Anderson, P.J., Brown and Snyder, JJ.

BROWN, J.

The Telecommunications Act of 1996 contains provisions which limit the power of local authorities to make zoning decisions involving the placement of cellular phone towers and related equipment. Below we discuss how this new law affects the Walworth County Park and Planning Commission's decision to deny Cellular One a permit to construct a tower. We conclude that this new law should apply to Cellular One's application and direct the County to reconsider...

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