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SECOND GENERATION PROPS. v. TOWN OF PELHAM

No. 02-1688.

313 F.3d 620 (2002)

SECOND GENERATION PROPERTIES, L.P., Plaintiff, Appellant, v. TOWN OF PELHAM, Defendant, Appellee.

United States Court of Appeals, First Circuit.

Decided December 17, 2002.

Attorney(s) appearing for the Case

Andrew R. Schulman with whom Getman, Stacey, Tamposi, Schulthess & Steere, P.A. was on brief for appellant.

Diane M. Gorrow with whom Soule, Leslie, Kidder, Sayward & Loughman, P.L.L.C. was on brief for appellee.

Before LYNCH, Circuit Judge, BOWNES, Senior Circuit Judge, and LIPEZ, Circuit Judge.

LYNCH, Circuit Judge.

In this Telecommunications Act case the plaintiff, a landowner, was denied permission to build a wireless communications tower by the Pelham, New Hampshire Zoning Board of Appeals (ZBA or Board). The federal district court, on cross motions for summary judgment, rejected the landowner's claims that (1) the ZBA decision was not supported by substantial evidence and (2) the decision was an unlawful effective prohibition on the provision of wireless...

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