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NEW YORK SMSA LTD. PARTNER. v. TOWN OF RIVERHEAD TOWN BOARD

No. CV00-1434.

118 F.Supp.2d 333 (2000)

NEW YORK SMSA LIMITED PARTNERSHIP d/b/a/ Verizon Wireless f/k/a Bell Atlantic Mobile, Plaintiffs, v. TOWN OF RIVERHEAD TOWN BOARD, The Town of Riverhead Planning Department and The Town of Riverhead Architectural Review Board, Defendants.

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

October 24, 2000.

Attorney(s) appearing for the Case

Amato & Associates, P.C. by Alfred Amato, David N. Altman, Leon Friedman, Garden City, NY, for plaintiffs.

Smith, Finkelstein, Lundberg, Isler & Yakaboski, LLP, by Gair G. Betts, Frank A. Isler, Riverhead, NY, for defendants.

MEMORANDUM AND ORDER

WEXLER, District Judge.

This is a case brought pursuant to the Telecommunications Act of 1996 (the "TCA"). Plaintiff, New York SMSA Limited Partnership d/b/a/ Verizon Wireless f/k/a Bell Atlantic Mobile ("Plaintiff' or "Verizon") seeks a mandatory injunction requiring defendants (collectively the "Town") to issue all permits necessary to allow Verizon to construct a wireless communication...

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