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ST. CHARLES TOWER, INC. v. KURTZ

No. 10-2412.

643 F.3d 264 (2011)

ST. CHARLES TOWER, INC., Appellee, v. Robert KURTZ; Paul Phillips; David Geile; Lawrence J. Kettenbach; Mary Kettenbach, Appellants, County of Franklin, Missouri; Franklin County Board of Zoning Adjustment, Defendants.

United States Court of Appeals, Eighth Circuit.

Filed: June 28, 2011.

Attorney(s) appearing for the Case

Jesse B. Rochman , argued, Martin L. Daesch , on the brief, St. Louis, MO, for appellant.

Richard Prescott Sifton, Jr. , argued, St. Louis, MO, for appellee.

Before COLLOTON, GRUENDER, and SHEPHERD, Circuit Judges.

GRUENDER, Circuit Judge.

St. Charles Tower, Inc., filed suit against Franklin County, Missouri, and Franklin County's Board of Zoning Adjustment after they declined to issue St. Charles Tower a conditional use permit necessary to construct a proposed cell-phone tower in Franklin County. St. Charles Tower alleged that the denial of the conditional use permit violated the Telecommunications Act of 1996. Before the case went to trial, the parties agreed to a consent...

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