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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)


Verizon (plaintiff) sought to increase its cellular network coverage within a busy area of the City of Mequon (City) (defendant). A nearby church was willing to allow Verizon build an antenna in the church’s backyard. Verizon was willing to pay the church’s proposed fee, and the church was properly zoned for that use. The antenna would be 70-feet high, but it would be disguised as a flagpole to reduce its unsightliness. The antenna would increase Verizon’s coverage of that area from 37 percent to 95 percent. Two alternative locations for the antenna were proposed. The planning commissioners preferred both alternative locations over the church. The alternative locations, however, would only increase Verizon’s coverage to 72 percent. The City rejected Verizon’s request to build the antenna behind the church. Verizon sued the City. The lower court granted summary judgment for Verizon and ordered the City to issue the permit. The City appealed.

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Holding and Reasoning (Posner, J.)

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