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BREHMER v. PLANNING BD. OF TOWN OF WELLFLEET

No. 99-2185.

238 F.3d 117 (2001)

Bethia BREHMER, et al., Plaintiffs, Appellants, v. PLANNING BOARD OF THE TOWN OF WELLFLEET; Omnipoint Communications, Inc., et al., Defendants, Appellees.

United States Court of Appeals, First Circuit.

Decided February 6, 2001.

Attorney(s) appearing for the Case

Edward J. Collins for appellant.

Patrick J. O'Toole, Jr., with whom Craig M. Tateronis, Richard W. Holtz, and Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, PC, were on brief, for appellees.

Before SELYA, Circuit Judge, STAHL, Circuit Judge, and LISI, District Judge.

STAHL, Circuit Judge.

A group of citizens from Wellfleet, Massachusetts, seeking to undo their town Planning Board's award of a special zoning permit authorizing construction of a wireless telecommunications tower in the steeple of an historic church, sued the Planning Board and the permit recipient, Omnipoint Communications, Inc. The citizens' group claimed that the issuance of the permit, an action that the Planning Board was obliged to perform under a consent judgment...

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