USCOC of Virginia RSA 3, Inc. v. Montgomery County Board of Supervisors
Court of Appeals for the Fourth Circuit
1Opinion of the Court
Reversed in part and affirmed in part by published opinion. Judge SHEDD wrote the opinion, in which Judge WILKINSON and Judge LUTTIG joined.
OPINION
SHEDD, Circuit Judge:
USCOC of Virginia RSA#3, Inc. (“U.S.Cellular”) and Ernie Marshall applied for a special use permit to construct a wireless telecommunications transmission tower on Marshall’s land in Montgomery County, Virginia. The Montgomery County Board of Supervisors (“Board”) denied the application but, in its stead, approved a permit for a shorter, less obtrusive tower. U.S. Cellular and Marshall (collectively, “U.S.Cellular”) brought…
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