Cellco Partnership v. FRANKLIN COUNTY, KY.

OPINION AND ORDER

KAREN K. CALDWELL, District Judge.

This matter is before the Court on the parties’ cross-motions for summary judgment (Rec. Nos. 26 and 27). The Plaintiffs challenge the Frankfort/Franklin County Planning Commission’s denial of an application to construct a cell phone tower. For the following reasons, the Court will grant the Plaintiffs’ Motion for Summary Judgment with regard to their claim under the Telecommunications Act, 47 U.S.C. § 151 et seq., and will otherwise deny it; and the Court will deny the Defendants’ Motion for Summary Judgment.

I. FACTS.

The Plaintiff Célico…