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PREFERRED SITES, LLC v. TROUP COUNTY

No. 01-14182.

296 F.3d 1210 (2002)

PREFERRED SITES, LLC, Plaintiff-Appellee-Cross-Appellant, v. TROUP COUNTY, Defendant-Appellant-Cross-Appellee.

United States Court of Appeals, Eleventh Circuit.

July 10, 2002.

Attorney(s) appearing for the Case

Edward L. Long, Jr., Willis, McKenzie & Long, LaGrange, GA, for Troup County.

Sara Ann Evans, George C. Rosenzweig, Rosenzweig, Jones & MacNabb, P.C., Newnan, GA, for Preferred Sites, LLC.

Before BLACK and HULL Circuit Judges, and LAZZARA, District Judge.

BLACK, Circuit Judge:

This case involves an application of the Telecommunications Act of 1996 (TCA) to the land use decisions of a local government. Pub.L. No. 104-104, 110 Stat. 56 (codified in scattered sections of 15 and 47 U.S.C.). Preferred Sites, LLC (Appellee) filed suit against Troup County, Georgia (Appellant), alleging the county's Zoning Appeals and Planning Board (the Board) violated § 704(a) of the TCA by denying its application for conditional use...

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