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AT & T WIRELESS PCS v. WINSTON-SALEM ZONING BOARD

No. 98-1985.

172 F.3d 307 (1999)

AT & T WIRELESS PCS, INCORPORATED, Plaintiff-Appellee, v. The WINSTON-SALEM ZONING BOARD OF ADJUSTMENT, Defendant-Appellant. International Municipal Lawyers Association; North Carolina League of Municipalities, Amici Curiae.

United States Court of Appeals, Fourth Circuit.

Decided April 5, 1999.

Attorney(s) appearing for the Case

ARGUED: Nancy Bentson Essex, Poyner & Spruill, Raleigh, North Carolina, for Appellant. Carter G. Phillips, Smith, Helms, Mulliss & Moore, L.L.P., Charlotte, North Carolina, for Appellee. ON BRIEF: Charles C. Green, Jr., Ronald G. Seeber, City Attorney's Office for the City of Winston-salem, Winston-Salem, North Carolina, for Appellant. James G. Middlebrooks, Elizabeth Baker Scanlan, Smith, Helms, Mulliss & Moore, L.L.P., Charlotte, North Carolina; William H. Higgins, AT & T Wireless PCS, Inc., Charlotte, North Carolina, for Appellee. Henry W. Underhill, Jr., Executive Director/General, International Municipal Lawyers Association, Washington, D.C., for Amici Curiae.

Before WIDENER and LUTTIG, Circuit Judges, and BLAKE, United States District Judge for the District of Maryland, sitting by designation.

Affirmed in part, reversed in part, and remanded by published opinion. Judge WIDENER wrote the opinion, in which judge LUTTIG and Judge BLAKE joined.

OPINION

WIDENER, Circuit Judge:

This case arises under the federal Telecommunications Act of 1996. The district court issued a writ of mandamus ordering defendant, the Winston-Salem Zoning Board of Adjustment (Zoning Board), to approve plaintiff's, AT & T Wireless PCS (AT & T), application for...

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