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SPRINT SPECTRUM L.P. v. WILLOTH

Docket No. 98-7442.

176 F.3d 630 (1999)

SPRINT SPECTRUM, L.P., d/b/a Sprint PCS, Plaintiff-Appellant, v. Craig WILLOTH, Chairman, Thomas McCune, Craig Litt, William Quinn, and Edward Kerkhoven, Members, Constituting the Town of Ontario Planning Board, and Edward Collins, Code Enforcement Officer for the Town of Ontario, Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided May 24, 1999.

Attorney(s) appearing for the Case

Paul J. Yesawich, III, Harris Beach & Wilcox, LLP., Rochester, NY, (Jonathan Johnsen, Harris Beach & Wilcox, LLP., Rochester, N.Y. and Robert Hornik, Jr., Syracuse, NY, on the brief), for Plaintiff-Appellant.

John M. Wilson, II, Boylan, Brown, Code, Fowler, Vigdor & Wilson, LLP, Rochester, NY, (Richard A. Palumbo, Boylan, Brown, Code, Fowler, Vigdor & Wilson, LLP, Rochester, NY, on the brief), for Defendants-Appellees.

The Association of Towns of the State of New York and the National Association of Towns and Townships (Lori A. Mithen, for the Association of Towns in the State of New York, Albany, New York, Tom Halicki, Executive Director for the National Association of Towns and Townships, Washington, D.C.), filed a brief as Amici Curiae in support of defendants-appellees.

The Personal Communications Industry Association (John L. Bartlett, Eric W. DeSilva, Stephen J. Rosen, Wiley, Rein & Fielding, Washington, D.C.), filed a brief as Amicus Curiae in support of plaintiff-appellant.

Before: OAKES, WALKER, and McLAUGHLIN, Circuit Judges.

JOHN M. WALKER, Jr., Circuit Judge:

Sprint Spectrum, L.P., d/b/a/ Sprint PCS, appeals from the grant of summary judgment of the United States District Court for the Western District of New York (Michael A. Telesca, Judge) upholding the decision of the Planning Board for the Town of Ontario, New York, to reject Sprint PCS's application to build three communications towers. See Sprint Spectrum, L.P. v. Willoth, 996 F.Supp. 253

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