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GENESEE TEL. CO. v. SZMIGEL

174 Misc.2d 567 (1997)

667 N.Y.S.2d 588

Genesee Telephone Company, Doing Business as Cellular One, Petitioner, v. Lubomir M. Szmigel, as Chairman of the Zoning Board of Appeals of the Town of Irondequoit, et al., Respondents.

Supreme Court, Monroe County.

February 6, 1997

Attorney(s) appearing for the Case

Sullivan, Benatovich, Oliverio & Timboli, Buffalo (B. P. Oliverio of counsel), for petitioner. Gallo & Iacovangelo, Rochester (Michael A. Polozie of counsel), for respondents. Richard A. Kroll, Rochester, for Joseph Krzanowicz and another, amici curiae.

EDMUND A. CALVARUSO, J.

Recent Federal legislation has fueled a surge of applications at the local level for cellular communications towers. The towers, often ranging from 100 feet to 250 feet or higher, may not be prohibited by the local municipality.1 Rather, the Telecommunications Act of 1996 preserves local control over placement, construction and modification of new tower applications...

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