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BELLSOUTH v. HENDERSON COUNTY ZONING BD.

No. COA05-31.

621 S.E.2d 270 (2005)

BELLSOUTH CAROLINAS PCS, L.P. d/b/a BellSouth Mobility DCS, Petitioner, v. HENDERSON COUNTY ZONING BOARD OF ADJUSTMENT, Respondent, v. Russell Phipps and Sharon Phipps, Intervenors.

Court of Appeals of North Carolina.

November 15, 2005.

Attorney(s) appearing for the Case

Van Winkle, Buck, Wall, Starnes, & Davis, P.A., by Craig D. Justus, Asheville, for petitioner-appellant.

Samuel H. Fritschner, Hendersonville, for respondent-appellee.

STEELMAN, Judge.

On 4 June 1997, the Henderson County Zoning Administrator issued a permit to petitioner, BellSouth Carolina PCS, L.P., d/b/a BellSouth Mobility DCS (Bellsouth), to build a base transceiver station (a cellular telephone tower) in an R-20 zoning district. BellSouth provides two-way telephone communication services to the public. The cellular telephone tower is necessary for BellSouth to be able to provide...

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