PRIMECO PERSONAL COMM., LTD. v. CITY OF MEQUON

Nos. 03-1514, 03-1548.

352 F.3d 1147 (2003)

PRIMECO PERSONAL COMMUNICATIONS, LIMITED PARTNERSHIP, d/b/a Verizon Wireless, Plaintiff-Appellee, Cross-Appellant, v. CITY OF MEQUON, Defendant-Appellant, Cross-Appellee.

United States Court of Appeals, Seventh Circuit.

Decided December 18, 2003.


Attorney(s) appearing for the Case

Katherine W. Schill (argued), Michael Best & Friedrich, Milwaukee, WI, for Plaintiff-Appellee.

Raymond J. Pollen, Ryan G. Braithwaite (argued), Crivello, Carlson, Mentkowski & Steeves, Milwaukee, WI, for Defendant-Appellant.

Before POSNER, KANNE, and ROVNER, Circuit Judges.


POSNER, Circuit Judge.

One of the concerns that led up to the enactment of the Telecommunications Act of 1996, 47 U.S.C. §§ 151 et seq., was that zoning decisions by local governments were unreasonably retarding the growth of cellphone and other wireless services. Congress decided not to preempt local regulation entirely, but instead (so far as bears on this case) to require that the denial by a zoning board or other state or local government body...

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