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SYMMES TWP. BD. OF TRUSTEES v. SMYTH

No. 98-2479.

87 Ohio St.3d 549 (2000)

SYMMES TOWNSHIP BOARD OF TRUSTEES, APPELLANT, v. SMYTH; AT&T WIRELESS PCS, INC. ET AL., APPELLEES.

Supreme Court of Ohio.

Decided January 19, 2000.

Attorney(s) appearing for the Case

Robert P. Malloy, Symmes Township Law Director; Wood & Lamping, L.L.P., and W. Kelly Lundrigan, for appellant.

Keating, Muething & Klekamp, P.L.L., Douglas L. Hensley and Dwight A. Packard II, for appellee Henry W. Schneider.

Barrett & Weber, C. Francis Barrett and M. Michele Fleming, for appellees AT&T Wireless PCS, Inc., and SBA, Inc.

Jones, Day, Reavis & Pogue and Randall A. Cole, urging affirmance for amicus curiae, Nextel Communications, Inc.

COOK, J.

As a general rule, Ohio law provides that townships have no power under the zoning laws to regulate the location, erection, or construction of any buildings or structures of any public utility. R.C. 519.211(A). There is a limited exception to this rule that applies to certain telecommunications towers that are to be located "in an area zoned for residential use." R.C. 519.211(B)(1)(c). Symmes Township...

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