AT&T Wireless PCS, Inc. v. Beavercreek Twp. Bd. of Zoning Appeals

Ohio Supreme Court

AT&T Wireless PCS, Inc. v. Beavercreek Twp. Bd. of Zoning Appeals

2000 Ohio 471, 87 Ohio St. 3d 559

CourtOhio Supreme Court

DecidedJanuary 18, 2000

Docket1998-2482

StatusPublished

This text of 2000 Ohio 471 (AT&T Wireless PCS, Inc. v. Beavercreek Twp. Bd. of Zoning Appeals) is published on Counsel Stack Legal Research, covering Ohio Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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AT&T Wireless PCS, Inc. v. Beavercreek Twp. Bd. of Zoning Appeals, 2000 Ohio 471, 87 Ohio St. 3d 559 (Ohio 2000).

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Opinion

[This opinion has been published in Ohio Official Reports at 87 Ohio St.3d 559.]

AT&T WIRELESS PCS, INC. ET AL., APPELLANTS, v. BEAVERCREEK TOWNSHIP BOARD OF ZONING APPEALS ET AL., APPELLEES. [Cite as AT&T Wireless PCS, Inc. v. Beavercreek Twp. Bd. of Zoning Appeals, 2000-Ohio-471.] Court of Appeals’ judgment reversed and cause remanded on authority of Symmes Twp. Bd. of Trustees v. Smyth. (No. 98-2482–Submitted October 20, 1999–Decided January 19, 2000.) APPEAL from the Court of Appeals for Greene County, No. 98-CA-18. __________________ Barrett & Weber, C. Francis Barrett and M. Michele Fleming, for appellants. Wead, Anderson, Phipps & Aultman and Alan G. Anderson, for appellees. Jones, Day, Reavis & Pogue, Kathleen B. Burke and Randall A. Cole, urging reversal for amicus curiae, Nextel Communications, Inc. William F. Schenck, Greene County Prosecuting Attorney, and Suzanne M. Schmidt, Senior Assistant Prosecuting Attorney, urging affirmance for amici curiae, Ceasarscreek Township, Miami Township, Cedarville Township, Sugarcreek Township, Xenia Township, New Jasper Township, Spring Valley Township, Bath Township, and Ross Township. __________________ {¶ 1} The judgment of the court of appeals is reversed, and the cause is remanded on the authority of Symmes Twp. Bd. of Trustees v. Smyth (2000), 87 Ohio St.3d 549, 721 N.E.2d 1057. MOYER, C.J., DOUGLAS, O’DONNELL, F.E. SWEENEY, COOK and LUNDBERG STRATTON, JJ., concur. PFEIFER, J., dissents and would affirm the judgment of the court of appeals. SUPREME COURT OF OHIO

TERRENCE O’DONNELL, J., of the Eighth Appellate District, sitting for RESNICK, J. __________________

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[This opinion has been published in Ohio Official Reports at 87 Ohio St.3d 559.]

AT&T WIRELESS PCS, INC. ET AL., APPELLANTS, v. BEAVERCREEK TOWNSHIP BOARD OF ZONING APPEALS ET AL., APPELLEES. [Cite as AT&T Wireless PCS, Inc. v. Beavercreek Twp. Bd. of Zoning Appeals, 2000-Ohio-471.] Court of Appeals’ judgment reversed and cause remanded on authority of Symmes Twp. Bd. of Trustees v. Smyth. (No. 98-2482–Submitted October 20, 1999–Decided January 19, 2000.) APPEAL from the Court of Appeals for Greene County, No. 98-CA-18. __________________ Barrett & Weber, C. Francis Barrett and M. Michele Fleming, for appellants. Wead, Anderson, Phipps & Aultman and Alan G. Anderson, for appellees. Jones, Day, Reavis & Pogue, Kathleen B. Burke and Randall A. Cole, urging reversal for amicus curiae, Nextel Communications, Inc. William F. Schenck, Greene County Prosecuting Attorney, and Suzanne M. Schmidt, Senior Assistant Prosecuting Attorney, urging affirmance for amici curiae, Ceasarscreek Township, Miami Township, Cedarville Township, Sugarcreek Township, Xenia Township, New Jasper Township, Spring Valley Township, Bath Township, and Ross Township. __________________ {¶ 1} The judgment of the court of appeals is reversed, and the cause is remanded on the authority of Symmes Twp. Bd. of Trustees v. Smyth (2000), 87 Ohio St.3d 549, 721 N.E.2d 1057. MOYER, C.J., DOUGLAS, O’DONNELL, F.E. SWEENEY, COOK and LUNDBERG STRATTON, JJ., concur. PFEIFER, J., dissents and would affirm the judgment of the court of appeals. SUPREME COURT OF OHIO

TERRENCE O’DONNELL, J., of the Eighth Appellate District, sitting for RESNICK, J. __________________

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