SOUTHWESTERN BELL WIRELESS v. BOARD OF COUNTY COM'RS

Civil Action No. 97-2481-GTV.

17 F.Supp.2d 1221 (1998)

SOUTHWESTERN BELL WIRELESS, INC. f/k/a Southwestern Bell Mobile Systems, Inc., as general partner of Kansas City SMSA Limited Partnership, and Kansas City SMSA Limited Partnership, Plaintiffs, v. BOARD OF COUNTY COMMISSIONERS OF JOHNSON COUNTY, KANSAS, Defendant. Cellular Telecommunications Industry Association, Amicus Curiae.

United States District Court, D. Kansas.

August 28, 1998.


Attorney(s) appearing for the Case

Diane P. Duvall, Curtis M. Holland, Polsinelli, White, Vardeman & Shalton, Overland Park, KS, John A. Prendergast, Blooston, Mordkofsky, Jackson & Dickens, Washington, DC, for Southwestern Bell Wireless, Inc. and Kansas City SMSA Ltd. partnership.

Donald D. Jarrett, Richard J. Lind, William G. Howard, Johnson County Legal Department, Olathe, KS, for Johnson County Bd. of County Com'rs.


MEMORANDUM AND ORDER

VAN BEBBER, Chief Judge.

Plaintiffs bring this action seeking to invalidate certain zoning regulations of Johnson County, Kansas involving communication towers and antennae. Plaintiffs insist that the regulations are preempted by federal law and thus void ab initio. The case is before the court on plaintiffs' motion for summary judgment (Doc. 20). For the reasons set forth below, the motion is granted.

I. Background...

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