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OMNIPOINT HOLDINGS, INC. v. CITY OF CRANSTON

No. 08-2491.

586 F.3d 38 (2009)

OMNIPOINT HOLDINGS, INC., Plaintiff, Appellee, v. CITY OF CRANSTON; the Zoning Board of Review of the City of Cranston; Joy Montanaro, Member, City of Cranston Zoning Board of Review; Edward Dimuccio, Member, City of Cranston Zoning Board of Review; Curtis Ponder, Member, City of Cranston Zoning Board of Review; Frank Corso III, Member, City of Cranston Zoning Board of Review; and Donald Curran, Member, City of Cranston Zoning Board of Review, Defendants, Appellants.

United States Court of Appeals, First Circuit.

Decided November 3, 2009.

Attorney(s) appearing for the Case

Jeffrey S. Michaelson with whom Michaelson & Michaelson were on brief for appellants.

William A. Worth with whom Thomas M. Elcock and Prince, Lobel, Glovsky & Tye LLP were on brief for appellees.

Before LYNCH, Chief Judge, GAJARSA and LIPEZ, Circuit Judges.

LYNCH, Chief Judge.

In this case a wireless carrier was denied a variance and special use permit by the Cranston Zoning Board of Review to build a wireless communications tower in Cranston, Rhode Island. The carrier had so applied in order to remedy a significant gap it found in coverage.

When the carrier sought federal court review of the denial, the city and zoning board countered that the zoning board's decision...

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