NEXTEL PARTNERS OF UPSTATE NY v. TOWN OF CANAAN

No. 99-CV-0516(LEK/RWS).

62 F.Supp.2d 691 (1999)

NEXTEL PARTNERS OF UPSTATE NEW YORK, INC. as successor-in-interest to Nextel of New York, Inc., and Nextel of New York, Inc., Plaintiffs, v. TOWN OF CANAAN and the Town of Canaan Planning Board and the Town of Canaan Zoning Board of Appeals, Defendants.

United States District Court, N.D. New York.

August 13, 1999.


Attorney(s) appearing for the Case

Crane, Greene & Parente, John P. Stockli, Jr., Albany, NY, for plaintiffs.

Petrone & Petrone, Louis S. Petrone, Utica, NY, for defendants.


MEMORANDUM — DECISION AND ORDER

KAHN, District Judge.

Nextel Partners of Upstate New York, Inc. and Nextel of New York, Inc. (collectively, "Nextel") commenced action against the Town of Canaan and its planning boards (collectively, the "Town") alleging that the Town denied Nextel's application for zoning variances and permits to construct a telecommunications tower in violation of the Telecommunications Act of 1996 ("TCA"), 47 U.S.C. §...

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