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BT RESIDENTIAL v. BD. OF ZONING ADJUSTMENT

Nos. WD 74780, WD 74861.

392 S.W.3d 18 (2012)

BT RESIDENTIAL, LLC, Respondent, v. BOARD OF ZONING ADJUSTMENT OF KANSAS CITY, MISSOURI, Appellant, American Tower Corporation, Appellant.

Missouri Court of Appeals, Western District.

Motion for Rehearing and/or Transfer to Supreme Court Denied January 29, 2013.

Application for Transfer Denied March 19, 2013.

Attorney(s) appearing for the Case

James C. Bowers , Kansas City, MO, for Respondent.

Margaret Moran , for Appellant Board of Zoning Adjustment, Kansas City, MO.

Booker T. Shaw , St. Louis, Mo, for Appellant American Tower Corporation.

Before Division Two: JOSEPH M. ELLIS, Presiding Judge, ALOK AHUJA, Judge and MARK D. PFEIFFER, Judge.

JOSEPH M. ELLIS, Judge.

On July 16, 2010, the Department of City Planning and Development for the City of Kansas City ("the Department") issued a permit for the construction of a cellular tower at 707 N.W. 96th Street to the American Tower Corporation ("ATC"). In early August 2010, BT Residential, the owner of a neighboring property, became aware of the construction of the cellular tower after a 150-foot, steel pole was erected. BT Residential contacted the City to...

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