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053049P.pdf   10/11/2006  USCOC of Greater IA  v.  Zoning Bd.
   U.S. Court of Appeals Case No:  05-3049
   Southern District of Iowa   
   [PUBLISHED] [Bowman, Author, with Loken, Chief Judge, and Bye,
   Circuit Judge]
   Civil case - Zoning. The decision of the Zoning Board of Adjustment of
   the City of Des Moines that plaintiff had failed to show that it was
   entitled to either a variance or an exception to construct a cellular
   tower was supported by substantial evidence; denial of the permit does
   not result in the prohibition of wireless service and does not violate
   the Telecommunications Act of 1996; district court order instructing the
   Board to grant plaintiff's application for a conditional use permit is
   reversed.