Ne Colorado Cellular, Inc. v. City of North Platte
Court of Appeals for the Eighth Circuit
1Opinion of the Court
SMITH, Circuit Judge.
NE Colorado Cellular, doing business as Viaero Wireless (“Viaero”), sought to construct a telecommunications tower in the City of North Platte, Nebraska (“the City”). The North Platte City Council (“City Council”) voted to deny Viaero’s application for a permit to build the tower, finding that the tower would be inharmonious with the neighborhood in which Viaero proposed to build. Viaero filed suit against the City for violation of the Telecommunications Act of 1996(TCA), alleging that the City Council decision was neither “in writing” nor “supported by substantial evi…
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