USCOC of Virginia RSA 3, Inc. v. Montgomery County Board of Supervisors

MEMORANDUM OPINION

KISER, Senior District Judge.

In this case, the plaintiffs challenge the defendant’s denial of the plaintiffs’ application for a special use permit to construct a wireless telecommunications transmission tower. Before me now are cross-motions for summary judgment. The parties have fully briefed the issues and appeared before me for oral argument on February 6, 2003. The motions are therefore ripe for disposition. For the reasons stated below, the plaintiffs’ motion is granted in part and denied in part, and the defendant’s motion is granted in part and denied in part.

BACKGROUN…