SMART SMR OF N.Y. v. ZONING COM'N OF TOWN OF STRATFORD

No. 3:97 CV 1292(GLG).

995 F.Supp. 52 (1998)

SMART SMR OF NEW YORK, INC., d/b/a/ Nextel Communications, Plaintiff, v. The ZONING COMMISSION OF THE TOWN OF STRATFORD, Defendant.

United States District Court, D. Connecticut.

February 17, 1998.


Attorney(s) appearing for the Case

Christopher B. Fisher, Cuddy & Feder & Worby, White Plains, NY, for Plaintiff.

Richard J. Buturla, Berchem, Moses & Devlin, P.C., Milford, CT, for Defendant.


OPINION

GOETTEL, District Judge.

Pursuant to Federal Rule of Civil Procedure 56, plaintiff Smart SMR of New York, Inc., d/b/a Nextel Communications, ("Nextel") moves for summary judgment on all counts of its complaint. For the reasons discussed below, plaintiff's motion (Document # 8) is GRANTED in part and DENIED in part.

BACKGROUND

Nextel has been authorized by the Federal Communications Commission to construct and operate...

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