ROBERTS v. SOUTHWESTERN BELL MOBILE SYSTEMS, INC


429 Mass. 478 (1999)

DAVID W. ROBERTS & another v. SOUTHWESTERN BELL MOBILE SYSTEMS, INC., & another.

Supreme Judicial Court of Massachusetts, Middlesex.

April 30, 1999.


Attorney(s) appearing for the Case

Wendy H. Sibbison (Mary A. Barker & Harris Freeman with her) for the plaintiffs.

F. Alex Parra (Louis N. Levine with him) for Southwestern Bell Mobile Systems, Inc.

Judith Pickett for planning board of Littleton.

Wayne F. Dennison & Cheryl B. Pinarchick, for Sprint Spectrum L.P., amicus curiae, submitted a brief.

Present: WILKINS, C.J., ABRAMS, LYNCH, GREANEY, FRIED, MARSHALL, & IRELAND, JJ.


MARSHALL, J.

This is an appeal by two property owners of a judgment entered in the Superior Court dismissing their action challenging a special permit granted to Southwestern Bell Mobile Systems, Inc. (Southwestern Bell). The permit allows Southwestern Bell to construct a one hundred foot wireless telecommunications tower in a residential area of Littleton (town) on land abutting the owners' respective properties. On February 1, 1996, Congress enacted the Telecommunications...

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