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KENTUCKY PUBLIC SERVICE COM'N v. SHADOAN

No. 2009-SC-000053-DG.

325 S.W.3d 360 (2010)

KENTUCKY PUBLIC SERVICE COMMISSION, Appellant, v. L. Glenn SHADOAN, et al., Appellees.

Supreme Court of Kentucky.

November 18, 2010.

Attorney(s) appearing for the Case

David Shawn Samford , Helen C. Helton , Tiffany Jacquel Bowman , Kentucky Public Service Commission, Frankfort, KY, Counsel for Appellant.

Thomas Joseph Fitzgerald , Kentucky Resources Council, Inc., Frankfort, KY, Counsel for Appellees L. Glenn Shadoan and Sue Shadoan.

John Edmund Selent , Dinsmore Shohl , Louisville, KY, Counsel for Appellee Bluegrass Wireless, LLC.

Opinion of the Court by Justice SCHRODER.

This appeal is from an opinion of the Court of Appeals concluding that the Public Service Commission ("PSC") had jurisdiction over the siting and construction of a proposed cellular antenna tower adjacent to the Appellees' property. We adjudge that under the language of KRS 100.987, the local planning commission had jurisdiction over the placement and construction of the proposed cellular tower. Accordingly, we reverse the...

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