Legal Opinion

Gearon & Co., Inc. v. Fulton County, Ga.

District Court, N.D. Georgia

Decided April 23, 1998No. 1:97-cv-03231PublishedCited by 22 opinions

1Opinion of the Court

ORDER

HUNT, District Judge.

Plaintiffs bring this action seeking review of the Fulton County Board of Zoning Appeal’s (“BZA”) denial of its request for a zoning variance under the Telecommunications Act of 1996 (“TCA”), 47 U.S.C. § 332. Plaintiffs also assert various federal and state constitutional claims. The Court has jurisdiction over this matter pursuant to 28 U.S.C. § 1331. On December 22, 1997, the Court heard oral argument on plaintiffs’ claims under the TCA, 1 and those claims are now ripe for the Court’s consideration.

I. BACKGROUND

Plaintiffs Gearon & Co., Inc. (“Gearon”) and…

2Cases cited1 opinion

  1. BellSouth Mobility Inc. v. Gwinnett County, GADistrict Court, N.D. Georgia · 1996

3Cited by22 opinions

  1. Sprint Spectrum, L.P. v. WillothCourt of Appeals for the Second Circuit · 1999
  2. Apt Pittsburgh Limited Partnership v. Penn Township Butler County Of PennsylvaniaCourt of Appeals for the Third Circuit · 1999
  3. At & T Wireless PCS, Inc. v. City Council of Virginia BeachCourt of Appeals for the Fourth Circuit · 1998
  4. Primeco Personal Communications, L.P. v. Village of Fox LakeDistrict Court, N.D. Illinois · 1998
  5. Omnipoint Corp. v. Zoning Hearing Board of Pine Grove TownshipDistrict Court, E.D. Pennsylvania · 1998

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