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NATIONAL TOWER v. PLAINVILLE ZONING BD. OF APPEALS

No. 01-2472.

297 F.3d 14 (2002)

NATIONAL TOWER, LLC; Omnipoint Communications, Inc., Plaintiffs, Appellees, v. PLAINVILLE ZONING BOARD OF APPEALS, Frank A. Frey Jr., Walter S. Lewicki, Clay Conrad, Philip Sias, Leland Sullivan, Defendants, Appellants.

United States Court of Appeals, First Circuit.

Decided July 18, 2002.

Attorney(s) appearing for the Case

John P. Lee with whom Maureen A. Lee was on brief for appellants.

Brian C. Levey with whom Marisa L. Pizzi and Bowditch & Dewey, LLP were on brief for appellees.

Before SELYA, LYNCH, and HOWARD, Circuit Judges.

LYNCH, Circuit Judge.

The federal courts now routinely hear cases brought under the Telecommunications Act of 1996 by those who wish to construct cellular antenna towers and have been denied permission to do so by local town officials. Here, the Zoning Board of Appeals of the Town of Plainville, Massachusetts denied the needed zoning permits and variances to National Tower and Omnipoint Communications (collectively "Omnipoint").

Omnipoint sued under 47 U.S...

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