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U.S. CELLULAR v. BOARD OF AD. OF DES MOINES

No. 97-426.

589 N.W.2d 712 (1999)

UNITED STATES CELLULAR CORPORATION, Appellee, v. BOARD OF ADJUSTMENT OF CITY OF DES MOINES, Appellant.

Supreme Court of Iowa.

February 17, 1999.

Attorney(s) appearing for the Case

Roger K. Brown, Des Moines, for appellant.

John R. Mackaman of Dickinson, Mackaman, Tyler & Hagen, P.C., Des Moines, for appellee.

Considered by HARRIS, P.J., and LARSON, CARTER, NEUMAN, and TERNUS, JJ.

TERNUS, Justice.

This case involves an attempt by appellee, United States Cellular Corporation (U.S.Cellular), to obtain a special use permit for Site Search construction of a communications tower in the City of Des Moines. Appellant, the Board of Adjustment for the City of Des Moines, denied U.S. Cellular's request for such a permit. The district court sustained U.S. Cellular's petition for a writ of certiorari and directed the Board to issue the special use permit...

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