DISCLAIMER:  The following unofficial case summaries are prepared by the clerk's office
                        as a courtesy to the reader. They are not part of the opinion of the court.

083705P.pdf   10/09/2009  USCOC of Greater Missouri  v.  City of Ferguson, Missouri
   U.S. Court of Appeals Case No:  08-3705
   U.S. District Court for the Eastern District of Missouri - St. Louis   
   [PUBLISHED] [Murphy, Author, with John R. Gibson and Riley,
   Circuit Judges]
   Civil Case - Telecommunications Act. Claim City failed to act on
   application of wireless telecommunications service provider for zoning
   variance and special use permit within a reasonable time is not
   reviewable because claim was not preserved in the notice of appeal. The
   district court did not err in concluding the Board of Adjustment did not
   violate the Telecommunications Act by failing to issue a written denial of
   the variance application within thirty days of its vote or by failing to
   record a transcript of the proceedings. The City's denials of the variance
   and special use permits were supported by substantial evidence.