OMNIPOINT COMMUNICATIONS v. CITY OF WHITE PLAINS

No. 01 Civ. 3285(CM).

175 F.Supp.2d 697 (2001)

OMNIPOINT COMMUNICATIONS, INC., Plaintiff, v. The CITY OF WHITE PLAINS, The Planning Board of the City of White Plains, and Mary Cavallero, James Gould, J. Russell Imlay, John Garmet, Terrence Guerriere, Robert Stackpole and Juan Carlos Roskell in their capacities as members of the Planning Board of the City of White Plains, Defendants.

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

December 4, 2001.


Attorney(s) appearing for the Case

Robert I. Bodian, C. Anthony Mulrain, Lara M. Burnazian, Mintz Levin Cohn Ferris Glovsky and Popeo, PC, New York City, Joseph Maria, White Plains, New York.


MEMORANDUM, DECISION AND ORDER

McMAHON, District Judge.

Omnipoint Communications, Inc. ("Omnipoint") brings this action against the City of White Plains and its Planning Board (the "Board"), alleging violations of the Federal Telecommunications Act of 1996, 47 U.S.C. § 332 (the "TCA"), Article 78 of The New York Civil Practice Laws and Rules, and 42 U.S.C. § 1983, for the Board's denial of Omnipoint's application for a permit to build a 150 foot...

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