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T-MOBILE NORTHEAST LLC v. CITY OF NEWPORT NEWS

No. 11-1293.

674 F.3d 380 (2012)

T-MOBILE NORTHEAST LLC, Plaintiff-Appellee, v. The CITY COUNCIL OF the CITY OF NEWPORT NEWS, VIRGINIA; City of Newport News, Virginia, Defendants-Appellants.

United States Court of Appeals, Fourth Circuit.

Decided: March 26, 2012.

Attorney(s) appearing for the Case

Darlene P. Bradberry , Office of the City Attorney, Newport News, Virginia, for Appellants. Thomas Scott Thompson , Davis, Wright & Tremaine, LLP, Washington, D.C., for Appellee.

Affirmed by published opinion. Judge DIAZ wrote the opinion, in which Judge KING and Judge GERGEL joined.

OPINION

DIAZ, Circuit Judge:

Following the denial of its application for a conditional use permit to construct a wireless communication tower at an elementary school, T-Mobile Northeast LLC filed suit in federal court, alleging that the denial violated the Telecommunications Act of 1996. The district court agreed and issued an injunction directing that T-Mobile's application be granted. Because we, too, conclude that the denial is not supported by substantial...

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