NEXTEL COMMUN. OF MID-ATLANTIC v. TOWN OF RANDOLPH

No. Civ.A. 00-12351-PBS.

193 F.Supp.2d 311 (2002)

NEXTEL COMMUNICATIONS OF the MID-ATLANTIC, INC. d/b/a Nextel Communications, Plaintiff, v. The TOWN OF RANDOLPH, MASSACHUSETTS, The Board of Selectmen of the Town of Randolph, and James F. Burgess, Jr., Daniel L. Lam, William Alexopolous, Stephen J. Toomey, and Dorothy M. Burke, in Their Capacities as Members Of The Board of Selectmen of the Town of Randolph, Massachusetts, Defendants.

United States District Court, D. Massachusetts.

March 20, 2002.


Attorney(s) appearing for the Case

Matthew R. Johnson, Devine, Millimet & Branch, P.A., Manchester, NH, Steven E. Grill, Devine, Millimet & Branch, PA, Manchester, NH, for Plaintiff.

Paul R. DeRensis, Kimberly M. Saillant, Deutsch, Williamss, Brooks, DeRensis, Holland & Drachman, Boston, MA, for Defendants.

A. David Mazzone, Walter J. Skinner, United States District Court, Boston, MA, for ADR Providers.


MEMORANDUM AND ORDER

SARIS, District Judge.

The Town of Randolph, Massachusetts (the "Town"), through its Board of Selectmen (the "Board"), denied an application by plaintiff, Nextel Communications of the Mid-Atlantic, Inc. ("Nextel"), seeking permission to build a 120-foot-tall telecommunications antenna facility on a parcel of land within the Town. Nextel claims this denial violates the Telecommunications Act of 1996 ("TCA"), and that the Town's...

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