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NE COLORADO CELLULAR, INC. v. CITY OF NORTH PLATTE

No. 13-3190.

764 F.3d 929 (2014)

NE COLORADO CELLULAR, INC., a Colorado corporation, doing business as Viacro Wireless, Plaintiff-Appellant v. CITY OF NORTH PLATTE, NEBRASKA, Defendant-Appellee.

United States Court of Appeals, Eighth Circuit.

Filed: August 22, 2014.

Attorney(s) appearing for the Case

Shawn D. Renner , Lincoln, NE, for appellant.

Douglas Stack , North Platte, NE, for appellee.

Before RILEY, Chief Judge, BEAM and SMITH, Circuit Judges.

SMITH, Circuit Judge.

NE Colorado Cellular, doing business as Viaero Wireless ("Viaero"), sought to construct a telecommunications tower in the City of North Platte, Nebraska ("the City"). The North Platte City Council ("City Council") voted to deny Viaero's application for a permit to build the tower, finding that the tower would be inharmonious with the neighborhood in which Viaero proposed to build. Viaero filed suit against the City for violation of the Telecommunications...

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