MIOP, INC. v. City of Grand Rapids

OPINION

ROBERT HOLMES BELL, Chief Judge.

Before the Court are the Plaintiff MIOP, Inc.’s (“MIOP”) and Defendants City of Grand Rapids and Grand Rapids City Commission’s (collectively the “City”) cross motions for summary judgment on Count I of Plaintiffs complaint and Defendants’ motion to dismiss Counts II through VI. Plaintiff seeks to construct a 150 foot tower at 2340 Dean Lake Road for the provision of personal communication services (“PCS”). Defendants have denied Plaintiff a “Permitted With Approval Use” for the construction of the tower. For the following reasons, the Court GRANTS…