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VOICESTREAM MINNEAPOLIS v. ST. CROIX COUNTY

No. 02-2889.

342 F.3d 818 (2003)

VOICESTREAM MINNEAPOLIS, INCORPORATED, formerly known as APT Minneapolis, Incorporated, a Delaware corporation, Plaintiff-Appellant, v. ST. CROIX COUNTY, a Wisconsin political subdivision, and its Board of Adjustment, Defendant-Appellee.

United States Court of Appeals, Seventh Circuit.

Decided September 8, 2003.

Attorney(s) appearing for the Case

Gary A. Van Cleve (Argued), Larkin, Hoffman, Daly & Lindgren, Bloomington, MN, for Plaintiff-Appellant.

Mark J. Steichen (Argued), Anita T. Gallucci, Boardman, Suhr, Curry & Field, Madison, WI, for Defendant-Appellee.

Before RIPPLE, DIANE P. WOOD and EVANS, Circuit Judges.

RIPPLE, Circuit Judge.

VoiceStream Minneapolis, Inc. ("VoiceStream") brought this action against the County of St. Croix, Wisconsin, and its Board of Adjustment (collectively, "the County") under § 704 of the Telecommunications Act of 1996, 47 U.S.C. § 332. The County had denied VoiceStream's application for a special exception permit to construct and operate a telecommunications tower. The district court granted summary judgment in favor of the County....

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