Helcher v. Dearborn County, Ind.

Dist. Ct. did not err in granting defendants-County officials' motion for summary judgment in action under Telecommunications Act by plaintiff-telephone company challenging defendants' denial of plaintiff's application for conditional use permit to construct 190-foot wireless communication tower on parcel of land that had been zoned for agricultural use, and which abutted residential area. Defendants did not clearly err in denying application where objectors to application presented photographic evidence supporting claim that proposed tower was not harmonious with appearance or intended character of area. Moreover, plaintiff failed to establish that it had first considered more intensely zoned areas for placement of tower.