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ATC REALTY, LLC v. TOWN OF KINGSTON, NEW HAMPSHIRE

No. 01-2737.

303 F.3d 91 (2002)

ATC REALTY, LLC; SBA Towers, Inc., Plaintiffs, Appellees, v. TOWN OF KINGSTON, NEW HAMPSHIRE, Defendant, Appellant.

United States Court of Appeals, First Circuit.

Decided September 5, 2002.

Attorney(s) appearing for the Case

Robert D. Ciandella, with whom Robert M. Derosier and Donahue, Tucker & Ciandella were on brief, for appellant.

Steven E. Grill, with whom Devine, Millimet & Branch, P.A. were on brief, for appellees.

Before TORRUELLA, LYNCH and LIPEZ, Circuit Judges.

TORRUELLA, Circuit Judge.

Plaintiffs-appellees ATC Realty, LLC and SBA Towers, Inc. filed suit in district court seeking an order directing the Town of Kingston, New Hampshire to grant them all the permits necessary to construct a wireless telecommunications tower in the town. The district court granted summary judgment in plaintiffs' favor on the ground that there was insufficient evidence to support the Town of Kingston's decision to deny plaintiffs' application...

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