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RUSSELL'S GARDEN CENTER, INC. v. NEXTEL COMMUNICATIONS

No. CIV.A.03-10517-REK.

296 F.Supp.2d 13 (2003)

RUSSELL'S GARDEN CENTER, INC.; Edmund C. Rice; George L. Rice; Allison C. Russell; Charlotte B. Russell; Trustee of the 105 Pelham Island Road Trust; Timothy Skehan; Trustee of the 101 Pelham Island Road Trust; Ann S. Webster; and Trustee of the 262-292 Boston Post Road Realty Trust, Plaintiffs v. NEXTEL COMMUNICATIONS OF THE MID-ATLANTIC, INC., d/b/a Nextel Communications; the Town of Wayand, Massachusetts; Zoning Board of Appeals of the Town of Wayland; Steven James Fugarazzo, Lawrence K. Glick, Eric B. Goldberg, James E. Grumbach, Susan F. Koffman, Carolyn J. Klein, Mary L. Lentz, and Shaunt H. Sarian, as Members of the Zoning Board of Appeals of the Town of Wayland; Massachusetts Bay Transportation Authority; and Boston Edison Company, Defendants

United States District Court, D. Massachusetts.

December 16, 2003.

Attorney(s) appearing for the Case

Edward J. Collins, Cambridge, for Edmund C. Rice, George L. Rice, Allison C. Russell, Charlotte B. Russell, Timothy Skehan, Trustee of 105 Pelham Island Road Trust, Trustee of 101 Pelham Island Road Trust, Ann S. Webster, Trustee of 262-292 Boston Post Road Realty Trust.

Matthew R. Johnson, Steven E. Grill, Devine, Millimet & Branch, Manchester, NH, for Nextel Communications of Mid-Atlantic, Inc.

Mark J. Lanza, Town Counsel, Town of Harvard, Concord, MA, Matthew R. Johnson, Devine, Millimet & Branch, Manchester, NH, for Nextel Communications The Town of Wayand, Massachusetts, Zoning Board of Appeals of the Town of Wayland, Steven James Fugarazzo, as a member of the Zoning Board of Appeals of the Town of Wayland, Lawrence K. Glick, as a member of the Zoning Board of Appeals of the Town of Wayland, Eric B. Goldberg, as a member of the Zoning Board of Appeals of the Town of Wayland, James E. Grumbach, as a member of the Zoning Board of Appeals of the Town of Wayland, Susan F. Koffman, as a member of the Zoning Board of Appeals of the Town of Wayland, Carolyn J. Klein, as a member of the Zoning Board of Appeals of the Town of Wayland, Mary L. Lentz, as a member of the Zoning Board of Appeals of the Town of Wayland, Shaunt H. Sarian, as a member of the Zoning Board of Appeals of the Town of Wayland, Massachusetts Bay Transportation Authority Boston Edison Comp.

Memorandum and Order

KEETON, Senior District Judge.

I. Pending Matters

Pending for decision are matters related to the following filings:

(1) Defendant Nextel's Motion for Entry of Final Judgment (Docket No. 16, filed June 25, 2003), Memorandum in Support (Docket No. 17, filed June 25, 2003), and Supplemental Memorandum in Support (Docket No. 19, filed September 30, 2003);

(2) Plaintiffs' Position Statement (Docket No. 22, filed...

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