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VERIZON WIRELESS v. SANCTUARY AT WULFERT

No. 2D04-2654.

916 So.2d 850 (2005)

VERIZON WIRELESS PERSONAL COMMUNICATIONS, L.P., Petitioner, v. The SANCTUARY AT WULFERT POINT COMMUNITY ASSOCIATION, INC., a Florida corporation, Respondent.

District Court of Appeal of Florida, Second District.

Rehearing Denied October 12, 2005.

Attorney(s) appearing for the Case

Steven L. Brannock, Gerald L. Knight, and David C. Borucke of Holland & Knight LLP, Tampa, for Petitioner.

Michael R. Whitt and Sanjay Kurian of Becker & Poliakoff, P.A., Fort Myers, for Respondent.

NORTHCUTT, Judge.

This case involves a dispute over the proposed placement of a telecommunications tower in the City of Sanibel. Verizon Wireless Personal Communications, L.P., gained permission from the Sanibel City Council to install the tower on city-owned property where the City maintains the Wulfert Road wastewater treatment plant. A neighboring homeowners' association, The Sanctuary at Wulfert Point Community Association, Inc., opposes the plan. The Association...

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