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15-139 - SBA TOWERS V, LLC et al v. CITY OF MADISON BOARD OF ZONING APPEALS


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15-139 - SBA TOWERS V, LLC et al v. CITY OF MADISON BOARD OF ZONING APPEALS
May 9, 2017
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ENTRY ON CROSS-MOTIONS FOR SUMMARY JUDGMENT - Before the Court is Plaintiff SBA Towers V, LLC's ("SBA") Motion for Partial Summary Judgment (Filing No. 38) and a Cross-Motion for Summary Judgment1 filed by Defendant City of Madison Board of Zoning Appeals ("the Board") (Filing No. 48). SBA alleges that the Board violated the Telecommunications Act of 1996, 47 U.S.C. ยง 332(c) ("Telecommunications Act"), when it denied SBA's application to construct a 190 foot wireless communication tower in Madison, Indiana. (Filing No. 1 at 1.) The Court DENIES SBA's 38 Motion for Partial Summary Judgment and GRANTS the Board's 48 Motion for Summary Judgment as to Count 1 of SBA's Complaint. A review of the Minutes and the Board's Findings of Fact demonstrate that it considered sufficient evidence in denying SBA's applications for a permit. SBA has failed to demonstrate that the Board clearly erred in denying its applications. The Court DENIES Plaintiff SBA Towers V, LLC's Motion for Partial Summary Judgment (Filing No. 38) and GRANTS Defendant City of Madison Board of Zoning Appeals' Cross Motion for Summary Judgment as to Count 1 (Filing No. 48) of the Complaint. Count II of the Complaint remains scheduled for final pretrial conference on October 11, 2017 and trial on November 6, 2017. (See Entry.) Signed by Judge Tanya Walton Pratt on 5/9/2017. (APD)