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In an action claiming that defendant-city violated plaintiff telecommunications company's rights under the Telecommunications Act (TCA) by failing to act on its applications for zoning variances and a special use permit within a reasonable period of time, summary judgment for defendant is affirmed where: 1) plaintiff did not preserve for appeal its claim that defendant failed to act on plaintiff's variance application within a reasonable period of time; and 2) because the city Board of Adjustment's "final action" under 47 U.S.C. section 332(c)(7)(B)(v) did not occur until it issued a written decision on plaintiff's variance application, it follows that the Board did not violate the "in writing" requirement of section 332(c)(7)(B)(iii) by issuing that decision more than thirty days after voting to deny the variances.
Submitted: September 21, 2009
Filed: October 9, 2009
Opinion by Murphy, Circuit Judge