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CITY OF MEDINA v. T-MOBILE USA, INC.

No. 52914-5-I.

95 P.3d 377 (2004)

The CITY OF MEDINA, Appellant, Peter E. Jorgensen, Richard H. Owens and Michael K. Baker, Petitioners, v. T-MOBILE USA, INC., a foreign corporation, formerly known as Voicestream Wireless; and the State of Washington/Washington State Department of Transportation, Respondents.

Court of Appeals of Washington, Division 1.

August 2, 2004.

Attorney(s) appearing for the Case

Kirk R. Wines, Attorney at Law, Seattle, WA., for Appellant.

Paul J. Lawrence, Sally A.B. Brick, Preston Gates & Ellis LLP, Seattle, WA., for Respondent.

AGID J.

The City of Medina appeals a superior court decision rejecting its appeal from a hearing examiner's decision granting T-Mobile USA, Inc.'s, request for a Special Use Permit (SUP) and three variances to construct a wireless communication facility (WCF) in Medina. It argues the trial court erred because the hearing examiner (1) improperly considered service issues when granting the variance, (2) did not apply the variance criteria set forth in the Medina Municipal...

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