Appeal Denied

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The 8th U.S. Circuit Court of Appeals rejected an appeal from Fayetteville, Arkansas, based Smith Communications The company sued Washington County in federal court after their permit to build a new cell tower was rejected. The issue began in the summer of 2013 when Quorum Court denied the permit needed to build a 300-foot tower due to aesthetics, quality of life concerns, possible harm to property values, and safety to nearby homes. Smith Communications filed a lawsuit claiming the county didn’t explain its reasoning as completely as federal law requires. U.S. District Court Judge Jimm Hendren ruled in favor of the county in June 2014 saying the county didn’t follow the letter of the law, but they later fixed the oversight and was justified in its decision. “Put simply, in light of these facts and record before us, Smith received adequate notice of the reasons for the Quorum Court’s denial,” according to the court’s opinion, released Tuesday. “Upon thoroughly reviewing all of Smith’s contentions and the record as a whole, we conclude that substantial evidence supports the Quorum Court’s denial of Smith’s application.”

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