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NEW PAR v. CITY OF SAGINAW

No. 01-2083.

301 F.3d 390 (2002)

NEW PAR, d/b/a Verizon Wireless, Plaintiff-Appellee, v. CITY OF SAGINAW, Defendant-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: August 14, 2002.

Attorney(s) appearing for the Case

Zora E. Johnson (argued and briefed), Dykema Gossett, Bloomfield Hills, MI, for Plaintiff-Appellee.

Thomas H. Fancher (argued and briefed), Saginaw, MI, for Defendant-Appellant.

Before DAUGHTREY and MOORE, Circuit Judges; STAFFORD, District Judge.

OPINION

MOORE, Circuit Judge.

Defendant-Appellant, the City of Saginaw, Michigan, appeals from the district court's grant of summary judgment for Plaintiff-Appellee, New Par d/b/a Verizon Wireless ("New Par"). In March 2000, New Par, a provider of cellular telephone service, sought to obtain a building permit from Saginaw in order to erect a cellular tower. Because New Par's property did not meet Saginaw's minimum-size zoning requirements for "light industrial...

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