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07-034 - Cellco Partnership et al v. Franklin County, Kentucky et al


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07-034 - Cellco Partnership et al v. Franklin County, Kentucky et al
April 18, 2008
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OPINION AND ORDER: 1) Pltfs' Motion 27 for Summary Judgment is GRANTED in part and DENIED in part. Motion is granted as to the Plaintiffs' claim that the Defendants violated 47 U.S.C. § 332(c)(7)(B)(iii) and is otherwise DENIED; 2) Pltfs' state law claims that Ordinance No. 15, 1999 Series should be declared void pursuant to section 2 of the KY Constitution and that their application should be deemed approved under KRS § 100.987(4)(c) are DISMISSED w/out prejudice pursuant to 28 U.S.C. § 1367(c); 3) Dfts' Motion 26 for Summary Judgment is DENIED 4) Dfts are hereby ORDERED to GRANT Verizon's Uniform Application; and to issue all permits necessary for Verizon to construct the tower as proposed in the Uniform Application 5) matter is STRICKEN. Signed by Judge Karen K. Caldwell on 4/18/2008. (CBD)cc: COR
April 18, 2008
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JUDGMENT: 1) 1) Pltfs' Motion 27 for Summary Judgment is GRANTED in part and DENIED in part. Motion is granted as to the Plaintiffs' claim that the Defendants violated 47 U.S.C. § 332(c)(7)(B)(iii) and is otherwise DENIED; 2) Pltfs' state law claims that Ordinance No. 15, 1999 Series should be declared void pursuant to section 2 of the KY Constitution and that their application should be deemed approved under KRS § 100.987(4)(c) are DISMISSED w/out prejudice pursuant to 28 U.S.C. § 1367(c); 3) Dfts' Motion 26 for Summary Judgment is DENIED 4) Dfts SHALL GRANT Verizon's Uniform Application and to issue all permits necessary for Verizon to construct the tower as proposed in the Uniform Application 5) matter is STRICKEN 6) this jgm is FINAL and APPEALABLE. Signed by Judge Karen K. Caldwell on 4/18/2008.(CBD)cc: COR