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T-MOBILE CENT. v. CHARTER TP. OF WEST BLOOMFIELD

No. 11-1568.

691 F.3d 794 (2012)

T-MOBILE CENTRAL, LLC, Plaintiff-Appellee, v. CHARTER TOWNSHIP OF WEST BLOOMFIELD, Defendant-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: August 21, 2012.

Attorney(s) appearing for the Case

ARGUED: Drew W. Broaddus , Secrest Wardle, Lynch, Hampton, Truex, and Morley, Troy, Michigan, for Appellant. T. Scott Thompson , Davis Wright Tremaine LLP, Washington, D.C., for Appellee. ON BRIEF: Drew W. Broaddus , Secrest Wardle, Lynch, Hampton, Truex, and Morley, Troy, Michigan, for Appellant. T. Scott Thompson , Leslie G. Moylan , Davis Wright Tremaine LLP, Washington, D.C., for Appellee.

Before: BOGGS and COLE, Circuit Judges; and OLIVER, District Judge.

OPINION

BOGGS, Circuit Judge.

T-Mobile proposed to build a cellular tower in an area of West Bloomfield Township, Michigan, that had a gap in coverage. The Township denied T-Mobile's application. T-Mobile brought suit, alleging that the denial of the application violated the Telecommunications Act, 47 U.S.C. § 332 et seq. The district court granted partial summary judgment in favor of T-Mobile, and the Township appealed. There are three issues...

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