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NEXTEL COMMUNICATIONS v. CITY OF MARGATE

No. 00-4282.

305 F.3d 188 (2002)

NEXTEL COMMUNICATIONS OF THE MID-ATLANTIC, INC., Appellant, v. CITY OF MARGATE, a Municipal Corporation of the State of New Jersey; the Zoning Board of Adjustment for the City of Margate, New Jersey; A. Ralph Perone,

United States Court of Appeals, Third Circuit.

Filed: September 24, 2002.

Attorney(s) appearing for the Case

Kimberly D. Sutton (Argued), Obermayer, Rebmann, Maxwell & Hippel, LLP, Cherry Hill, NJ, for Appellant Nextel Communications of the Mid-Atlantic, Inc.

John C. Matthews (Argued), Atlantic City, NJ, for Appellee the Zoning Board of Adjustment for the City of Margate.

Christopher M. Baylinson (Argued), Keith A. Davis, Perskie, Nehmad & Perillo, P.C., Somers Point, NJ, for Appellee A. Ralph Perone.

Before ROTH, FUENTES, and JOHN R. GIBSON, Circuit Judges.

OPINION OF THE COURT

JOHN R. GIBSON, Circuit Judge.

Nextel Communications of the Mid-Atlantic, Inc., appeals from the denial of its motion for preliminary injunction against the City of Margate, New Jersey, the Zoning Board of Adjustment for the City of Margate, and A. Ralph Perone. The essence of Nextel's argument is that it is entitled to relief under the Federal Telecommunications Act of 1996, see 47 U...

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