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BUILDING COMMISSIONER OF FRANKLIN v. DISPATCH COMMUNICATIONS OF NEW ENGLAND, INC.

Nos. 98-P-0309, 98-P-0310, & 98-P-0375.

48 Mass. App. Ct. 709 (2000)

BUILDING COMMISSIONER OF FRANKLIN v. DISPATCH COMMUNICATIONS OF NEW ENGLAND, INC. (and three companion cases).

Court of Appeals of Massachusetts, Norfolk.

March 9, 2000.

Attorney(s) appearing for the Case

Mark W. Corner for Dispatch Communications of New England, Inc.

Mark A. Berthiaume for building commissioner of Franklin & another.

Present: LAURENCE, LENK, & BECK, JJ.

BECK, J.

Between October, 1995, and May, 1996, Dispatch Communications of New England, Inc., doing business as Nextel Communications, Inc. (Nextel), constructed a telecommunications tower on privately owned property in a rural residential district in the town of Franklin. The four cases consolidated in this appeal are the result of the town's efforts to have the tower removed.

Procedural and factual background. We take the facts from the findings of...

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