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CELLCO PARTNERSHIP v. FRANKLIN COUNTY, KY.

Civil Action No. 3:07-34.

553 F.Supp.2d 838 (2008)

CELLCO PARTNERSHIP, Plaintiff v. FRANKLIN COUNTY, KENTUCKY, et al., Defendants.

United States District Court, E.D. Kentucky, Central Division, at Frankfort.

April 18, 2008.

Attorney(s) appearing for the Case

David A. Pike, Floyd Keith Brown, Robert W. Grant, Pike Legal Group, PLLC, Shepherdsville, KY, for Plaintiff.

Richard M. Sullivan, Wendell Lloyd Jones, Conliffe, Sandmann & Sullivan, Louisville, KY, for Defendants.

OPINION AND ORDER

KAREN K. CALDWELL, District Judge.

This matter is before the Court on the parties' cross-motions for summary judgment (Rec. Nos. 26 and 27). The Plaintiffs challenge the Frankfort/Franklin County Planning Commission's denial of an application to construct a cell phone tower. For the following reasons, the Court will grant the Plaintiffs' Motion for Summary Judgment with regard to their claim under the Telecommunications Act, 47 U...

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