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NATIONAL TOWER LLC v. FREY

No. CIV.A.00-12396-RGS.

164 F.Supp.2d 185 (2001)

NATIONAL TOWER, LLC and Omnipoint Communications MB OPS, LLC v. Frank A. FREY, Jr., Walter S. Lewicki, Leland Sullivan, Clay Conrad and Philip Sias, in Their Capacity as Members of the Town of Plainville Zoning Board of Appeals and Not Individually

United States District Court, D. Massachusetts.

September 12, 2001.

Attorney(s) appearing for the Case

Brian C. Levey, Bowditch & Dewey, LLP, Framingham, MA, for National Tower, LLC, Omnipoint Communications, Inc.

John P. Lee, Attleboro, MA, for Plainville Zoning Bd. of Appeals.

MEMORANDUM AND ORDER ON PLAINTIFFS' MOTION FOR PARTIAL SUMMARY JUDGMENT

STEARNS, District Judge.

America's love affair with the cellular telephone has become a staple of federal litigation. Despite an ardent embrace of these portable, wireless and increasingly sophisticated devices, many Americans abhor the often unsightly transmission towers that seem to sprout like weeds after a summer rain. The resistance...

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