Legal Opinion
USCOC of Greater Iowa, Inc. v. Zoning Board of Adjustment
Court of Appeals for the Eighth Circuit
Decided October 11, 2006No. 05-3049PublishedCited by 22 opinions
1Opinion of the Court
BOWMAN, Circuit Judge.
The Zoning Board of Adjustment of the City of Des Moines, Iowa (Board), appeals from the order of the District Court granting an injunction to USCOC of Greater Iowa, Inc., and directing the Board to grant USCOC’s application for a conditional use permit to construct a monopole cellular tower at USCOC’s preferred location. We reverse and remand.
USCOC proposes to construct its tower on a leased forty-foot square parcel at the back (south end) of a parking lot adjacent to a hardware store at 4808 University Avenue in Des Moines. The tower as proposed implicates zoning…
2Cases cited12 opinions
- Consolo v. Federal Maritime CommissionSupreme Court of the United States · 1966
- United States Department of Justice v. Reporters Committee for Freedom of the PressSupreme Court of the United States · 1989
- City of Rancho Palos Verdes v. AbramsSupreme Court of the United States · 2005
- Sprint Spectrum, L.P. v. WillothCourt of Appeals for the Second Circuit · 1999
- Vilma Menendez-Donis v. John Ashcroft, Attorney General of the United StatesCourt of Appeals for the Eighth Circuit · 2004
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3Cited by22 opinions
- Omnipoint Holdings, Inc. v. City of CranstonCourt of Appeals for the First Circuit · 2009
- T-Mobile Central, LLC v. Charter Township of West BloomfieldCourt of Appeals for the Sixth Circuit · 2012
- USCOC of Greater Missouri v. City of Ferguson, MO.Court of Appeals for the Eighth Circuit · 2009
- Sprint Spectrum, LP v. Platte County, Mo.Court of Appeals for the Eighth Circuit · 2009
- St. Charles Tower, Inc. v. KurtzCourt of Appeals for the Eighth Circuit · 2011
17 more not listed; retrieve them via the Exa API.