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OMNIPOINT COMMUNICATIONS v. CITY OF WHITE PLAINS

Docket No. 04-3286-CV.

430 F.3d 529 (2005)

OMNIPOINT COMMUNICATIONS, INC., Plaintiff-Appellee, v. THE CITY OF WHITE PLAINS, Defendant-Appellant, The Planning Board of The City of White Plains, Mary Cavellero, James J. Gould, Russell Imlay, John Garment, Terrence Guerriere, Robert Stackpole and Juan Carlos Roskell, Defendants, Congregation Kol Ami, A New York Religious Corporation, Movant.

United States Court of Appeals, Second Circuit.

Decided: December 2, 2005.

Attorney(s) appearing for the Case

Joseph A. Maria, Joseph A. Maria, P.C., White Plains, N.Y. (Frances Dapice Marinelli, on the brief) for Defendant-Appellant.

Eric S. Aronson, Greenberg Traurig, LLP, Florham Park, NJ (Helen E. Kleiner, Jeffrey W. Greene, on the brief) for Plaintiff-Appellee.

Before: WALKER, Chief Judge, JACOBS and LEVAL, Circuit Judges.

JACOBS, Circuit Judge.

Omnipoint Communications, Inc., a cellular telephone provider, is suing the City of White Plains (the "City" or "White Plains") and its Planning Board (the "Board") alleging (inter alia) violations of the Federal Telecommunications Act ("the TCA"), 47 U.S.C. § 332, arising from the Board's denial of Omnipoint's application for a permit to erect a 150-foot cellular communications tower (disguised as a large tree) on a local golf course...

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