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SBA, INC. v. CITY OF ASHEVILLE CITY COUNCIL

No. COA99-1344.

539 S.E.2d 18 (2000)

SBA, INC., Bellsouth Carolina PCS, L.P. d/b/a Bellsouth Mobility, DCS and Paul Tescione, Petitioners, v. CITY OF ASHEVILLE CITY COUNCIL, Respondent.

Court of Appeals of North Carolina.

December 19, 2000.

Attorney(s) appearing for the Case

Lynch, Eatman & Twiddy, L.L.P., by Katherine B. Wilkerson and Jerome R. Eatman, Jr., Raleigh; The Law Offices of Thomas R. Gladden, Jr., by Thomas R. Gladden, Jr., Shelby, for petitioners-appellants.

City of Asheville, by City Attorney Robert W. Oast, for respondent-appellee.

FULLER, Judge.

Petitioners SBA, Inc. and Paul Tescione appeal an order affirming the decision of respondent City of Asheville City Council denying the issuance of a conditional use permit ("CUP") for the construction of a telecommunications tower. On 12 June 1998 petitioners filed with respondent an application for a CUP to construct a 175-foot telecommunications tower on property leased partially by petitioner SBA and partially by Tescione. Petitioners' application...

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