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CITY OF LEBANON JUNCTION v. CELLCO PARTNER.

No. 2000-CA-000819-MR.

80 S.W.3d 761 (2001)

CITY OF LEBANON JUNCTION, Appellant, v. CELLCO PARTNERSHIP d/b/a Verizon Wireless, Appellee.

Court of Appeals of Kentucky.

Rehearing Denied July 6, 2001.

Discretionary Review Denied by Supreme Court August 14, 2002.

Attorney(s) appearing for the Case

Mark E. Edison, Shepherdsville, for Appellant.

Jennifer S. Smart, Stites & Harbison, Frankfort, Bruce F. Clark, for Appellee.

Before HUDDLESTON, KNOPF and MILLER, Judges.

OPINION

HUDDLESTON, Judge:

The City of Lebanon Junction appeals from a summary judgment declaring unconstitutional an ordinance imposing a license tax upon persons, firms or corporations engaged in commercial transmission of voice, picture or data by non-land line means within the city limits using structures thirty feet or more in height.

CELLCO Partnership, d/b/a Verizon Wireless, erected a cellular...

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