USCOC OF VIRGINIA RSA# 3, INCORPORATED, a Virginia Corporation; Ernie R. MARSHALL, Plaintiffs-Appellees,
v.
MONTGOMERY COUNTY BOARD OF SUPERVISORS, Defendant-Appellant.
Henrico County; Fauquier County; Local Government Attorneys Of Virginia, Incorporated, Amici Supporting Appellant.
Cellular Telecommunications and Internet Association, Amicus Supporting Appellees.
USCOC OF Virginia RSA# 3, Incorporated, a Virginia Corporation; Ernie R. Marshall, Plaintiffs-Appellants,
v.
Montgomery County Board of Supervisors, Defendant-Appellee.
Henrico County; Fauquier County; Local Government Attorneys Of Virginia, Incorporated, Amici Supporting Appellee.
Cellular Telecommunications and Internet Association, Amicus Supporting Appellants.
United States Court of Appeals, Fourth Circuit.https://leagle.com/images/logo.png
Argued: June 5, 2003.
Decided: September 10, 2003.
Amended September 25, 2003.
Amended October 9, 2003.
Attorney(s) appearing for the Case
ARGUED: Kevin Philip Oddo, Flippin, Densmore, Morse & Jessee, Roanoke, Virginia, for Appellant. James Robert Creekmore, Woods, Rogers & Hazlegrove, Roanoke, Virginia, for Appellees. ON BRIEF: Joseph M. Rainsbury, Flippin, Densmore, Morse & Jessee, Roanoke, Virginia; Martin M. McMahon, Montgomery County Attorney's Office, Christiansburg, Virginia, for Appellant. Frank K. Friedman, Woods, Rogers & Hazlegrove, Roanoke, Virginia, for Appellees. James R. Hobson, Miller & Van Eaton, P.L.L.C., Washington, D.C.; Joseph P. Rapisarda, Jr., County Attorney, J.T. Tokarz, Assistant County Attorney, Karen Adams, Assistant County Attorney, County of Henrico, Richmond, Virginia; Paul S. McCulla, Fauquier County Attorney, Warrenton, Virginia; Walter C. Erwin, III, President, LGA/Lynchburg City Attorney, Andrew R. McRoberts, Chairman, LGA Amicus Committee/Goochland County Attorney, Richmond, Virginia, for Amici Curiae Henrico County, et al. John D. Eure, Johnson, Ayers & Matthews, Roanoke, Virginia, for Amicus Curiae Cellular Telecommunications.
Before WILKINSON, LUTTIG, and SHEDD, Circuit Judges.
United States Court of Appeals, Fourth Circuit.
Reversed in part and affirmed in part by published opinion. Judge SHEDD wrote the opinion, in which Judge WILKINSON and Judge LUTTIG joined.
OPINION
SHEDD, Circuit Judge:
USCOC of Virginia RSA# 3, Inc. ("U.S. Cellular") and Ernie Marshall applied for a special use permit to construct a wireless telecommunications transmission tower on Marshall's land in Montgomery County, Virginia. The Montgomery County Board of Supervisors ("Board") denied the application...
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