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HELCHER v. DEARBORN COUNTY

No. 07-3949.

595 F.3d 710 (2010)

Dan HELCHER, et al., Plaintiffs-Appellants, v. DEARBORN COUNTY, Indiana Board of Zoning Appeals, et al., Defendants-Appellees.

United States Court of Appeals, Seventh Circuit.

Decided February 9, 2010.

Attorney(s) appearing for the Case

Holland N. McTyeire, Attorney (argued), Greenebaum, Doll & McDonald, Louisville, KY, for Plaintiffs-Appellants.

Robert J. Lowe, Attorney (argued), Kightlinger & Gray, New Albany, IN, for Defendants-Appellees.

Before FLAUM, ROVNER and WOOD, Circuit Judges.

ROVNER, Circuit Judge.

Cincinnati Bell Wireless, LLC ("Bell") applied for a conditional use permit to construct a wireless communication facility (essentially, a cellphone tower) on property owned by Dan and Merry Helcher in Dearborn County, Indiana.1 When the local Board of Zoning Appeals ("Zoning Board" or "Board") denied the application, Bell sued the Board and its members for violating various...

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