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Primeco Personal Communications v. City of Mequon

United States Court of Appeals for the Second Circuit

352 F.3d 1147 (2003)

Relevant factsFree

Verizon (plaintiff) proposed a 70-foot antenna disguised as a flagpole behind a church, which would boost coverage in the City of Mequon (defendant) from 37% to 95%, far more than either of two alternative sites the planning commission preferred (only reaching 72%); the City rejected the church site despite no evidence being presented about the antenna's height relative to surrounding structures or its actual unsightliness, and the district court granted Verizon summary judgment ordering the permit issued.

IssueFree

Whether a city may deny a permit for the construction of an antenna without presenting any evidence that the antenna would cause some sort of harm.

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