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07-2255 - Verizon Wireless (VAW) LLC v. Douglas County, Kansas, Board of County Commissioners


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07-2255 - Verizon Wireless (VAW) LLC v. Douglas County, Kansas, Board of County Commissioners
February 1, 2008
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ORDER. Defendant (the governing board of Douglas County, Kansas) shall have twenty days, or until February 21, 2008, to provide (1) a written decision separate from the written record (2) describing the reasons for denying Plaintiffs application with (3) sufficient explanation to allow a reviewing court to evaluate whether there is evidence in the record to support the stated reasons. Upon receiving the written decision, the Court will perform an expedited review, as contemplated by the Act, of the merits. Signed by Magistrate Judge David J. Waxse on 02/01/2008. (mts)
February 28, 2008
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MEMORANDUM AND ORDER granting Verizon's Motion for Summary Judgment 12 on the denial of the Board of Commissioners that Verizon's application for a conditional use permit to construct a wireless telecommunications facility violated the TCA because the denial was not supported by substantial evidence; finding as moot Verizon's Motion for Summary Judgment 12 on the ground that defendant's denial failed to meet the "in writing" requirement of the TCA; denying defendant's Motion for Summary Judgment 16; and ordering Verizon's counsel to meet with counsel for the Board of Commissioners and submit a proposed final order granting the relief requested in Verizon's Complaint by 3/21/08. Signed by Magistrate Judge David J. Waxse on 2/28/08. (mh)
April 21, 2008
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JUDGMENT AND ORDER. Signed by Magistrate Judge David J. Waxse on 4/21/08. (mh)