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· 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 CourtListener

Sourced 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.