Legal Opinion
At & T Wireless PCS, Inc. v. Winston-Salem Zoning Board of Adjustment
District Court, M.D. North Carolina
Decided July 17, 1998No. 1:97CV01246PublishedCited by 5 opinions
1Opinion of the Court
MEMORANDUM OPINION
OSTEEN, District Judge.
This action was filed by AT & T Wireless PCS, Inc. (AWS) to appeal a decision by The Winston-Salem Zoning Board of Adjustment (Board) to deny an application for a special use permit for the location of a cellular telephone tower on property owned by the Southeastern Center for Contemporary Art (SECCA). On June 12, 1998, this court held that the Board violated the Telecommunications Act of 1996(TCA), 47 U.S.C. § 332(c)(7) and local zoning law, granted summary judgment for AWS, and issued a Writ of Mandamus directing the Board to grant the application of…
2Cases cited5 opinions
- Textile Workers v. Lincoln Mills of Ala.Supreme Court of the United States · 1957
- Printz v. United StatesSupreme Court of the United States · 1997
- Michigan Coalition of Radioactive Material Users, Inc. v. GriepentrogCourt of Appeals for the Sixth Circuit · 1991
- Flue-Cured Tobacco Cooperative Stabilization Corp. v. United States Environmental Protection AgencyDistrict Court, M.D. North Carolina · 1998
- Brooks v. Superior Oil Co.Court of Appeals for the Eighth Circuit · 1952
3Cited by5 opinions
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- Omnipoint Communications Enterprises, Inc. v. Town of AmherstDistrict Court, D. New Hampshire · 1998
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- Sprint v. DurhamDistrict Court, D. New Hampshire · 1998
- Sprint v. DurhamDistrict Court, D. New Hampshire · 1998