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LAND USE a city council acted on the basis of substantial evidence in revoking a plaintiff’s conditional-use permit to construct a cellular telephone communications tower where the Wichita Falls zoning ordinance states that “[a] communications tower should be set back from rights-of-way and adjacent properties.” Although the ordinance does not require the tower to be set back, the city council had the discretion to revoke the permit based on that ground, a Texas federal court found. United States Cellular Corp. v. The City of Wichita Falls, Texas, No. 7:01-CV-162-R (N.D. Texas April 21). FOR PLAINTIFF: Jon E. Brightmire, Doerner Saunders Daniel & Anderson, Tulsa, Okla.; Roger Anson Lee, Law Office of Roger Lee, Wichita Falls, Texas FOR DEFENSE: Mark T. Price, Wichita Falls JUDGE: Jerry Buchmeyer

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