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CITY OF FORT SMITH v. DIDICOM TOWERS, INC.

No. 04-678.

209 S.W.3d 344 (2005)

CITY OF FORT SMITH, Arkansas, Appellant, v. DIDICOM TOWERS, INC., Appellee.

Supreme Court of Arkansas.

June 2, 2005.

Attorney(s) appearing for the Case

Daily & Woods, PLLC, by: Mark Horoda, Fort Smith, for appellant.

Smith, Maurras, Cohen, Redd & Horan, PLC, by: Stephen C. Smith and Michael K. Redd, Fort Smith, for appellee.

DONALD L. CORBIN, Justice.

This case involves a dispute over the placement of additional platform antennae on a cellular telecommunications tower. Appellant City of Fort Smith sought a declaratory judgment from the Sebastian County Circuit Court that additional platform antennae on a tower owned by Appellee Didicom Towers, Inc., constituted an intensification of a nonconforming use, under the City's zoning code. The trial court dismissed the suit on the ground that...

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