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TOWER VENTURES, INC. v. CITY OF WESTFIELD

No. 02-1145.

296 F.3d 43 (2002)

TOWER VENTURES, INC., Plaintiff, Appellant, v. CITY OF WESTFIELD, et al., Defendants, Appellees.

United States Court of Appeals, First Circuit.

Decided July 23, 2002.

Attorney(s) appearing for the Case

Kenneth Ira Spigle on brief for appellant.

Peter H. Martin, Assistant City Solicitor, on brief for appellees.

Before SELYA, Circuit Judge, COFFIN and CYR, Senior Circuit Judges.

SELYA, Circuit Judge.

On July 18, 2000, plaintiff-appellant Tower Ventures, Inc. (Ventures) applied to the Westfield, Massachusetts, planning board for permission to build a wireless communication tower at a specified site. After the planning board voted to deny the permit, Ventures brought suit in the federal district court against the city and various municipal officials. Ventures alleged that the planning board's decision was arbitrary and effectively prevented...

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