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SOUTHWESTERN BELL MOBILE SYSTEMS, INC. v. TODD

No. 00-1164.

244 F.3d 51 (2001)

SOUTHWESTERN BELL MOBILE SYSTEMS, INC., d/b/a Cellular One, Plaintiff, Appellant, v. Laurence M. TODD, as he is a Member of and Constitute the Board of Appeals of the Town of Leicester, Worcester County, Massachusetts; Vaughn N. Hathaway, as he is a Member of and Constitute the Board of Appeals of the Town of Leicester, Worcester County, Massachusetts; James T. Buckley, as he is a Member of And Constitute the Board of Appeals of the Town of Leicester, Worcester County, Massachusetts; Linda G. Finan, as she is a Member of and Constitute the Board of Appeals of the Town of Leicester, Worcester County, Massachusetts; Dennis E. Hennessey, as he is a Member of and Constitute The Board of Appeals of the Town of Leicester, Worcester County, Massachusetts, Defendants, Appellees.

United States Court of Appeals, First Circuit.

Decided March 30, 2001.

Attorney(s) appearing for the Case

F. Alex Parra, with whom Louis N. Levine and D'Agostine, Levine, Parra & Netburn, P.C. were on brief, for appellant.

Joseph C. Cove for appellees.

Before LIPEZ, Circuit Judge, and WOODLOCK and SARIS, District Judges.

LIPEZ, Circuit Judge.

On September 10, 1998, the Zoning Board of Appeals for the Town of Leicester, Massachusetts (the Board), voted unanimously to deny Southwestern Bell Mobile Systems, Inc.'s application for a special permit to construct a 150-foot high lattice telecommunications tower. Shortly after this denial, Southwestern Bell filed the present action in the district court, claiming, among other things, that the Board's decision was not supported by "substantial...

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