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AT & T WIRELESS PCS v. CITY COUNCIL OF VIRGINIA BEACH

Nos. 97-2389, 97-2513.

155 F.3d 423 (1998)

AT & T WIRELESS PCS, INCORPORATED; PrimeCo Personal Communications, L.P.; Lynnhaven United Methodist Church, Plaintiffs-Appellees, v. CITY COUNCIL OF the CITY OF VIRGINIA BEACH, Defendant-Appellant. Virginia Association of Counties, Amicus Curiae. AT & T WIRELESS PCS, INCORPORATED; PrimeCo Personal Communications, L.P.; Lynnhaven United Methodist Church, Plaintiffs-Appellants, v. CITY COUNCIL OF the CITY OF VIRGINIA BEACH, Defendant-Appellee. Virginia Association of Counties, Amicus Curiae.

United States Court of Appeals, Fourth Circuit.

Decided September 1, 1998.

Attorney(s) appearing for the Case

ARGUED: Lawrence Steven Emmert, Senior Assistant City Attorney, Office of City Attorney, Virginia Beach, VA, for Appellant. F. Bradford Stillman, McGuire, Woods, Battle & Boothe, Norfolk, VA, for Appellees. ON BRIEF: William M. Macali, Deputy City Attorney, Office of City Attorney, Virginia Beach, VA; William R. Malone, Miller & Van Eaton, P.L.L.C., Washington, DC, for Appellant. William G. Broaddus, Robert W. McFarland, Douglas E. Miller, McGuire, Woods, Battle & Boothe, Norfolk, VA; R. Edward Bourdon, Jr., Sykes, Carnes, Bourdon & Ahern, P.C., Virginia Beach, VA, for Appellees. Howard W. Dobbins, Elizabeth P. Mason, Williams, Mullen, Christian & Dobbins, Richmond, VA, for Amicus Curiae.

Before WILKINS and LUTTIG, Circuit Judges, and FABER, United States District Judge for the Southern District of West Virginia, sitting by designation.

Reversed in part and affirmed in part by published opinion. Judge LUTTIG wrote the opinion, in which Judge WILKINS and Judge FABER joined.

OPINION

LUTTIG, Circuit Judge:

This case arises under the federal Telecommunications Act of 1996. The district court ordered appellant, the City Council of Virginia Beach, Virginia, to approve appellees' application to erect communications towers in a residential area of Virginia Beach, holding that the City Council...

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