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SOUTHEAST TOWERS, LLC v. PICKENS COUNTY, GA.

Civil Action No. 2:06-CV-0172-RWS.

625 F.Supp.2d 1293 (2008)

SOUTHEAST TOWERS, LLC, and New Cingular Wireless PCS, LLC, Plaintiffs, v. PICKENS COUNTY, GEORGIA, and the Pickens County Commissioner, Defendants.

United States District Court, N.D. Georgia, Gainesville Division.

May 13, 2008.

Attorney(s) appearing for the Case

Ellen Wansley Smith, Stephen C. Greenberg, Holt Ney Zatcoff & Wasserman, Atlanta, GA, for Plaintiffs.

Phillip Edward Friduss, Ellen Louise Ash, Landrum & Friduss, LLC, Woodstock, GA, for Defendants.

ORDER

RICHARD W. STORY, District Judge.

This case comes before the Court for consideration of Plaintiffs' Appeal [15] under the Telecommunications Act of 1996 ("TCA"), 47 U.S.C. § 151 et seq., in which Plaintiffs seek an injunction requiring Pickens County to issue a building permit authorizing Plaintiffs to construct a wireless telecommunications tower. For the reasons provided below, Plaintiffs' appeal is DENIED.

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