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May 10, 2012 I Volume 6 I Issue 9 <br />Zoning Bulletin <br />facts: there was no widespread opposition to the proposed wireless service <br />tower as only four residents expressed opposition to the tower; and the <br />substance of the residents' opposition consisted only of uncorroborated <br />concerns about the effect of the tower on property values, passing comments <br />about the tower's aesthetic impact, and speculative concerns about the risk <br />posed to students by workers servicing the towers. <br />See also: AT & T Wireless PCS, Inc. v. City Council of City of Virginia <br />Beach, 155 F.3d 423 (4th Cir. 1998). <br />See also: Petersburg Cellular Partnership v. Board of Sup'rs of Nottoway <br />County, 205 F.3d 688 (4th Cir. 2000). <br />Case Note: <br />Opponents of T-Mobile's application had also expressed concerns about the health ef- <br />fects of building a tower on school property. The court noted that the TCA is clear that <br />potential health effects flowing from the grant of a CUP have no place in the decision <br />to deny a permit. (47 U.S.C.A. § 332(c)(7)(B)(iv).) <br />Nonconforming Use —County Says <br />Use of Farm as "Materials <br />Processing Facility" Violates County <br />Code Restricting Such Uses <br />Business operator claims facility is nonconforming <br />use despite the fact facility was not fully <br />operational when restrictive regulation was <br />adopted <br />Citation: King County v. King County Dept. of Development and Environ- <br />mental Services, 2012 WL 1071395 (Wash. Ct. App. Div. 1 2012) <br />WASHINGTON (04/02/12)—This case addressed the issue of whether <br />owners of an organic materials processing business had a valid "nonconform- <br />ing use" of property even though their business was not in full operation prior <br />to adoption of a regulation restricting such uses in certain areas. <br />The Background/Facts: Jeff Spencer ("Spencer") owned farmland in the <br />Green River Valley in King County, Washington (the "County"). Ron Shear <br />("Shear") operated an organic materials processing business on Spencer's <br />farm. Shear's business involved other farmers and nursery owners bringing to <br />Shear organic vegetation and organic soils that he converted into matter used <br />in animal bedding and fuel. <br />4 © 2012 Thomson Reuters <br />