American Towers, Inc. et al v. Wilson County, Tennessee Board of Zoning Appeals

Filing 76

ORDER: For the reasons explained in the accompanying Memorandum, the Court GRANTS Plaintiffs' motion for summary judgment, (Docket No. 55). Defendants are ordered to immediately grant the Use Application and all approvals necessary to allow Pl aintiffs to construct the proposed tower. In addition, Defendants must cease all attempts to prevent Plaintiffs from subdividing the proposed site. This Order shall constitute the judgment in this case pursuant to Fed. R. Civ. P. 58. It is SO ORDERED. Signed by District Judge Kevin H. Sharp on 1/2/14. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(tmw)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF TENNESSEE
NASHVILLE DIVISION
AMERICAN TOWERS, INC.,
EXCELL COMMUNICATIONS, INC.,

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Plaintiffs,
v.
WILSON COUNTY, TENNESSEE
BOARD OF ZONING APPEALS,
WILSON COUNTY, TENNESSEE
PLANNING COMMISSION,
Defendants.

No. 3:10-cv-1196
Judge Sharp

ORDER
For the reasons explained in the accompanying Memorandum, the Court GRANTS
Plaintiffs’ motion for summary judgment, (Docket No. 55). Defendants are ordered to
immediately grant the Use Application and all approvals necessary to allow Plaintiffs to
construct the proposed tower. In addition, Defendants must cease all attempts to prevent
Plaintiffs from subdividing the proposed site.
This Order shall constitute the judgment in this case pursuant to Fed. R. Civ. P. 58.
It is SO ORDERED.

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KEVIN H. SHARP
UNITED STATES DISTRICT JUDGE