Helcher v. Dearborn County, No. 07-3949

In a suit against a county by a wireless communications services provider for violation of various provisions of the Telecommunications Act of 1996 when the local Board of Zoning Appeals denied plaintiff's application for a conditional use permit to construct a wireless communication facility on property owned by co-plaintiffs, district court's grant of summary judgment in favor of the defendants is affirmed where: 1) the Minutes met the "in writing" requirement under the Act; 2) Board's decision rejecting the permit for noncompliance with section 1514 is supported by substantial evidence; and 3) plaintiffs' claim of unreasonable discrimination fails.   

Read Helcher v. Dearborn County, No. 07-3949

Appellate Information

Appeal from the United States District Court for the Southern District of Indiana, New Albany Division

Decided February 9, 2010

Judges

Before: Flaum,  Rovner, and Wood,  Circuit Judges

Opinion by Circuit Judge  Rovner