T-MOBILE NORTHEAST v. LOUDOUN COUNTY BD. OF SUP'RS

Nos. 12-2396, 12-2397.

748 F.3d 185 (2014)

T-MOBILE NORTHEAST LLC, Plaintiff-Appellee, v. The LOUDOUN COUNTY BOARD OF SUPERVISORS, Defendant-Appellant. T-Mobile Northeast LLC, Plaintiff-Appellant, v. The Loudoun County Board of Supervisors, Defendant-Appellee.

United States Court of Appeals, Fourth Circuit.

Decided: April 3, 2014.


Attorney(s) appearing for the Case

ARGUED: Thomas David Stoner , Greehan, Taves, Pandak & Stoner, PLLC, Chantilly, Virginia, for Appellant/Cross-Appellee. Thomas Scott Thompson , Davis Wright Tremaine, LLP, Washington, D.C., for Appellee/Cross-Appellant. ON BRIEF: J. Patrick Taves , Michael W.S. Lockaby , Greehan, Taves, Pandak & Stoner, PLLC, Chantilly, Virginia; John R. Roberts , County Attorney, Ronald J. Brown , Deputy County Attorney, Loudoun County Attorney's Office, Leesburg, Virginia, for Appellant/Cross-Appellee. Daniel P. Reing , Davis Wright Tremaine, LLP, Washington, D.C., for Appellee/Cross-Appellant.

Affirmed by published opinion. Judge NIEMEYER wrote the opinion for the court except as to Part IV.C.1 in part and Part IV. C. 2, in which Judge AGEE concurred except as to Part IV.C.1 in part and Part IV.C.2. Judge NIEMEYER wrote a separate opinion as to Part IV.C.1 in part and Part IV.C.2. Judge AGEE wrote a separate opinion concurring in part. Judge WYNN wrote a separate opinion concurring in part and dissenting in part.


NIEMEYER, Circuit Judge, for the court except as to Part IV.C.1 in part and Part IV.C.2:

In October 2011, the Loudoun County (Virginia) Board of Supervisors denied the applications of T-Mobile Northeast LLC for permits to build two telecommunication towers in Loudoun County — one disguised as a bell tower, to be located on the property of a church in Sterling (in the eastern part of the county), and one disguised as...

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