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Zoning – Kennel – Dog Grooming Business (access required)

Williams v. Lexington County Board of Zoning Appeals (Lawyers Weekly No. 011-089-15, 6 pp.) (Stephanie McDonald, J.) Appealed from Lexington County Circuit Court (R. Knox McMahon, J.) S.C. App. Holding: Regardless of dictionary definitions of “kennel,” Lexington County’s zoning ordinances ...

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Zoning – Court Upholds Denial of Substation Expansion (access required)

Washington Gas Light Co. v. Prince George’s County Council A gas company seeking to expand its natural gas substation in Prince George’s County, Md., cannot challenge the county’s denial of their request in this federal lawsuit; the 4th Circuit affirms the district court decision dismissing the company’s claim under the state’s “mandatory referral statute” and granting summary judgment to the county on state and federal preemption claims

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Zoning – Cell Phone Tower – Residential Area – Permit Denial – Telecommunications Act (access required)

New Cingular Wireless PCS LLC v. Fairfax County Bd. Supers. A county board of supervisors’ denial of a special exception permit to allow construction of an 88-foot cell phone tower in a residential neighborhood in Fairfax, Va., did not violate the Telecommunications Act of 1996; the 4th Circuit says substantial evidence supported the board’s decision, and the permit denial did not effectively prohibit wireless services under the Act.

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