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USCOC OF GREATER IOWA v. ZONING BOARD

No. 05-3049.

465 F.3d 817 (2006)

USCOC OF GREATER IOWA, INC., Appellee, v. ZONING BOARD OF ADJUSTMENT OF THE CITY OF DES MOINES, Appellant.

United States Court of Appeals, Eighth Circuit.

Filed: October 11, 2006.

Attorney(s) appearing for the Case

Susan H. Low, argued, Des Moines, IA, for appellant

Bret Alan Dublinske, argued, Des Moines, IA (Krista K. Tanner, Des Moines, IA, on the brief), for Appellee.

Before LOKEN, Chief Judge, BOWMAN and BYE, Circuit Judges.

BOWMAN, Circuit Judge.

The Zoning Board of Adjustment of the City of Des Moines, Iowa (Board), appeals from the order of the District Court granting an injunction to USCOC of Greater Iowa, Inc., and directing the Board to grant USCOC's application for a conditional use permit to construct a monopole cellular tower at USCOC's preferred location. We reverse and remand.

USCOC proposes to construct its tower on a leased forty-foot square parcel at the back (south...

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