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AMERICAN TOWER LP v. CITY OF HUNTSVILLE

No. 00-15964.

295 F.3d 1203 (2002)

AMERICAN TOWER LP, a Delaware limited partnership, Tritel Communications Inc., a Delaware corporation, et al., Plaintiffs-Appellees, v. CITY OF HUNTSVILLE, David Williams, individually and in his capacity as a Member of the Board of Zoning Adjustment of the City of Huntsville, et al., Plaintiffs-Appellants, Dallas Fanning, individually and in his capacity as Director of the Planning Department of the City of Huntsville, Hulan Smith, individually and in his capacity as Director of the Inspection Department of the City of Huntsville, Defendants.

United States Court of Appeals, Eleventh Circuit.

June 25, 2002.

Attorney(s) appearing for the Case

C. Gregory Burgess, Watson, Fees & Jimmerson, PC, Michael L. Fees, Fees & Burgess, P.C., Huntsville, AL, for Plaintiffs-Appellants.

Scott E. Morris, Atlanta, GA, Stephen C. Greenberg, Holt, Ney, Zatcoff & Wasserman, Atlanta, GA, for Plaintiffs-Appellees.

Charles W. Scarborough, Mark B. Stern, Dept. of Justice, App. Staff, Civ. Div., Washington, DC, for Intervenor.

Before EDMONDSON, Chief Judge, and HILL and LAY, Circuit Judges.

EDMONDSON, Chief Judge:

This appeal is about the plaintiffs' attempt to overturn a local zoning board's decision to deny plaintiffs an exception to build a wireless communications tower in a residential neighborhood. We must determine whether "substantial evidence" — as that term is used in a section of the Telecommunications Act of 1996 — supports the zoning board's decision. We conclude that it does.

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