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AT&T WIRELESS PCS, INC. v. BEAVERCREEK TWP. BD. OF ZONING APPEALS

No. 98-2482.

87 Ohio St.3d 559 (2000)

AT&T WIRELESS PCS, INC. ET AL., APPELLANTS, v. BEAVERCREEK TOWNSHIP BOARD OF ZONING APPEALS ET AL., APPELLEES.

Supreme Court of Ohio.

Decided January 19, 2000.

Attorney(s) appearing for the Case

Barrett & Weber, C. Francis Barrett and M. Michele Fleming, for appellants.

Wead, Anderson, Phipps & Aultman and Alan G. Anderson, for appellees.

Jones, Day, Reavis & Pogue, Kathleen B. Burke and Randall A. Cole, urging reversal for amicus curiae, Nextel Communications, Inc.

William F. Schenck, Greene County Prosecuting Attorney, and Suzanne M. Schmidt, Senior Assistant Prosecuting Attorney, urging affirmance for amici curiae, Ceasarscreek Township, Miami Township, Cedarville Township, Sugarcreek Township, Xenia Township, New Jasper Township, Spring Valley Township, Bath Township, and Ross Township.

The judgment of the court of appeals is reversed, and the cause is remanded on the authority of Symmes Twp. Bd. of Trustees v. Smyth (2000), 87 Ohio St.3d 549, 721 N.E.2d 1057.

MOYER, C.J., DOUGLAS, O'DONNELL, F.E. SWEENEY, COOK and LUNDBERG STRATTON, JJ., concur.

PFEIFER, J., dissents and would affirm the judgment of the court of appeals.

TERRENCE O'DONNELL, J., of the Eighth Appellate District, sitting...

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