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T-MOBILE CENTRAL, LLC v. UNIFIED GOVERNMENT WYANDOTTE COUNTY KS

No. 07-3332.

546 F.3d 1299 (2008)

T-MOBILE CENTRAL, LLC, as successor in interest to Voicestream Kansas City, Inc., doing business as T-Mobile, Plaintiff-Appellee, v. UNIFIED GOVERNMENT OF WYANDOTTE COUNTY, KANSAS City, Kansas, Defendant-Appellant, PCIA, Amicus Curiae.

United States Court of Appeals, Tenth Circuit.

November 17, 2008.

Attorney(s) appearing for the Case

Cathy J. Dean of Polsinelli, Shalton, Flanigan, Suelthaus, P.C., Kansas City, Missouri, for Plaintiff-Appellee.

Patrick Waters of Unified Government of Wyandotte County/Kansas City Kansas Legal Department, Kansas City, Kansas, for Defendant-Appellant.

Karl J. Nelson and Jennifer A. DeRose of Saul, Ewing, L.L.P, Baltimore, Maryland, for Amicus Curiae.

Before KELLY, BALDOCK, and O'BRIEN, Circuit Judges.

KELLY, Circuit Judge.

T-Mobile, LLC, ("T-Mobile") brought this action challenging the decision of the Unified Government of Wyandotte County/Kansas City, Kansas ("Unified Government") to deny T-Mobile's application for a Special Use Permit to construct a wireless telecommunications facility. T-Mobile sought declaratory, injunctive, and mandamus relief. The parties filed cross-motions for summary judgment and the district court1 granted...

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