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ST. CHARLES TOWER v. BD. OF ZONING APPEALS

No. 82S01-0702-CV-69.

873 N.E.2d 598 (2007)

ST. CHARLES TOWER, INC., Appellant (Plaintiff below), v. BOARD OF ZONING APPEALS OF EVANSVILLE-VANDERBURGH COUNTY, Appellee (Defendant below).

Supreme Court of Indiana.

September 18, 2007.

Attorney(s) appearing for the Case

James D. Johnson, Krista B. Lockyear, Evansville, IN, Attorneys for Appellant.

Joseph H. Harrison, Jr., David E. Gray, Evansville, IN, Attorneys for Appellee.

SULLIVAN, Justice.

The Vanderburgh County Zoning Code requires cellular telephone towers to be located a distance of two feet for each foot of height of the tower or 300 feet, whichever is greater, from any residence. St. Charles Tower, Inc., proposed to erect a 185-foot cell tower within 370 feet of three residences, one of which was within 168 feet of the tower's proposed location. The Board of Zoning Appeals of Evansville-Vanderburgh County properly rejected an...

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