· 7/10/2002
Preferred Sites, LLC v. Troup County
Citations
- 296 F.3d 1210
- 2002 U.S. App. LEXIS 13851
- 2002 WL 1473139
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- finding insufficient petitions which gave “no articulated reasons for the opposition” and a single affidavit reciting “generalized concerns” about the tower’s negative aesthetic impact when there was no other evidence in the record
- 11th USCA11 Case: 24-11648 Document: 43-1 Date Filed: 08/13/2025 Page: 6 of 8 6 Opinion of the Court 24-11648 Cir. 2002
- “[G]eneralized concerns about aesthetics are insufficient to constitute substantial evidence upon which the Board could rely.”
- locality “may not rely on rationalizations constructed after the fact to support the denial of [a provider’s] application”
- “The ‘final action’ which triggers the running of the 30-day statute of limitations, therefore, is the state or local authority's issuance of its decision in writing.”
- “mere generalized concerns regarding aesthetics are 2 insufficient to constitute substantial evidence”
Source: CourtListener parenthetical corpus (CC0).
Judges: Black, Hull, Lazzara
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.