March 19, 2012 4th Circuit published opinion

New Cingular Wireless PCS, LLC v The Fairfax County Board of Supervisors

Plaintiff field a zoning petition to allow it to install an 88 foot tower in a residential neighborhood to allow it to provide service to customers passing in cars. The County denied the request on the basis that the tower would not meet the esthetics of a residential neighborhood and the local residents did not want the tower. The district court affirmed the ruling and the panel also affirmed. The panel held that substantial evidence supported the finding of incompatibility. It further held that the rational objections were sufficient in themselves to support the denial. It finally held that alternative locations existed defeating a claim of effective denial of service.

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