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USCOC OF GREATER MISSOURI v. CITY OF FERGUSON, MO.

No. 08-3705.

583 F.3d 1035 (2009)

USCOC OF GREATER MISSOURI, Appellant, v. CITY OF FERGUSON, MISSOURI, a Missouri political subdivision, Appellee.

United States Court of Appeals, Eighth Circuit.

Filed: October 9, 2009.

Attorney(s) appearing for the Case

Michael C. Seamands, argued, St. Louis, MO, for appellant.

Lori Ann Schmidt, argued, St. Louis, MO, for appellee.

Before MURPHY, JOHN R. GIBSON, and RILEY, Circuit Judges.

MURPHY, Circuit Judge.

USCOC of Greater Missouri commenced this action against the City of Ferguson, alleging that the City violated its rights under the Telecommunications Act (TCA), 47 U.S.C. § 332(c)(7), by failing to act on its applications for zoning variances and a special use permit within a reasonable period of time and by denying them without substantial evidence in a written record. The district court1 granted the City's...

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