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OMNIPOINT COMMUNICATIONS, INC. v. PENN FOREST TP.

No. 3:CV-97-1584.

42 F.Supp.2d 493 (1999)

OMNIPOINT COMMUNICATIONS, INC., Plaintiff, v. PENN FOREST TOWNSHIP, Defendant.

United States District Court, M.D. Pennsylvania.

March 31, 1999.

Attorney(s) appearing for the Case

James A. Swetz, Stroudsburg, PA, for plaintiff.

Anthony Piazza, Kathleen E. Holmes, Lancaster, PA, for defendant.

MEMORANDUM

VANASKIE, District Judge.

Plaintiff Omnipoint Communications, Inc. (Omnipoint) filed this action under 42 U.S.C. § 1983 and the Telecommunication Act of 1996, 47 U.S.C. § 332(c)(7), contending that the defendant Penn Forest Township (Penn Forest) improperly denied Omnipoint's request to place a 150 foot monopole on a 1.49 acre lot in a C-1 zoned area. (Dkt. Entry 1.) In its complaint, Omnipoint sought mandamus relief in addition to monetary...

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