SMITH COMMUNICATIONS v. WASHINGTON COUNTY, ARK.

No. 14-2512.

785 F.3d 1253 (2015)

SMITH COMMUNICATIONS, LLC, an Arkansas limited liability company, Plaintiff-Appellant v. WASHINGTON COUNTY, ARKANSAS, Defendant-Appellee v. Gary Scott; Cathy Scott; Jerry Caudle; Kathy Caudle; Mike Anderson; Jessica Anderson, Intervenor Plaintiffs-Appellees v. Smith Communications, LLC, an Arkansas limited liability company, Intervenor Defendant.

United States Court of Appeals, Eighth Circuit.

Filed: May 12, 2015.


Attorney(s) appearing for the Case

Thomas N. Kieklak , argued, Springdale, AR, for Appellant.

Dale W. Brown, II , Steven S. Zega , argued ( George E. Butler, Jr. , Brian C. Hogue , on the brief), Fayetteville, AR, for Appellees.

Before LOKEN, SMITH, and COLLOTON, Circuit Judges.


The Quorum Court of Washington County, Arkansas ("Quorum Court") denied an application from Smith Communications, LLC ("Smith") to construct a cellular tower. The district court1 upheld Washington County's denial of the application. We affirm.

I. Background

Smith installs...

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