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IZZO v. BOROUGH OF RIVER EDGE

No. 87-5523.

843 F.2d 765 (1988)

Anthony IZZO, Appellant, v. BOROUGH OF RIVER EDGE; Planning Board of the Borough of River Edge; Richard Fitzgerald; Mel Winge; William Gillen; Phyllis Skae; Scott Cisternino; Thomas Crimmins; Arnold Osmundsen; Barbara Graziano; Mayor Edward Raffo; Mary Donohue; Joseph Synol; Estelle Gass; and Stephen Negri.

United States Court of Appeals, Third Circuit.

Decided April 7, 1988.

Attorney(s) appearing for the Case

Robert B. Cherry (argued), Totowa, N.J., for appellant.

Bruce L. Safro, (argued), Chagaris & Safro, Hackensack, N.J., for appellees.

Before GIBBONS, Chief Judge, and WEIS and GREENBERG, Circuit Judges.

OPINION OF THE COURT

WEIS, Circuit Judge.1

A local zoning board refused to allow an amateur radio operator to extend the height of his transmission tower. He filed suit in the district court alleging both preemption by a Federal Communication Commission ruling and infringements of his constitutional rights. Citing state concerns in land use regulation, the district court abstained. We will remand for further proceedings because...

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