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PETERSBURG CELLULAR v. BOARD OF SUP'RS OF NOTTOWAY

No. 99-1055.

205 F.3d 688 (2000)

PETERSBURG CELLULAR PARTNERSHIP, d/b/a 360° Communications Company, Plaintiff-Appellee, United States of America, Intervenor, v. BOARD OF SUPERVISORS OF NOTTOWAY COUNTY, Defendant-Appellant.

United States Court of Appeals, Fourth Circuit.

Decided March 7, 2000.

Attorney(s) appearing for the Case

ARGUED: Patrick Michael McSweeney, McSweeney, Burtch & Crump, P.C., Richmond, Virginia, for Appellant. Melvin Earl Gibson, Jr., Tremblay & Smith, L.L.P., Charlottesville, Virginia, for Appellee. Mark Bernard Stern, Appellate Staff, Civil Division, United States Department of Justice, Washington, D.C., for Intervenor. ON BRIEF: John L. Marshall, Jr., McSweeney, Burtch & Crump, P.C., Richmond, Virginia, for Appellant. Patricia D. McGraw, Tremblay & Smith, L.L.P., Charlottesville, Virginia, for Appellee. William B. Schultz, Acting Assistant Attorney General, Helen F. Fahey, United States Attorney, Alisa B. Klein, Appellate Staff, Civil Division, United States Department of Justice, Washington, D.C., for Intervenor.

Before WIDENER, NIEMEYER, and KING, Circuit Judges.

Reversed and remanded by published opinion. Judge NIEMEYER wrote an opinion, Parts I and II in which Judge KING concurred. Judge WILDENER wrote an opinion concurring in the judgement. Judge KING wrote a dissenting opinion.

OPINION

PER CURIAM:

After Nottoway County, Virginia, denied 360° Communications Company a conditional use permit to erect a 199-foot wireless communications tower, the district court issued a writ of mandamus directing the...

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