NEXTEL COMMUNICATIONS OF MID-ATLANTIC, INC. v. CITY OF CAMBRIDGE

No. CIV.A. 02-10429GAO.

246 F.Supp.2d 118 (2003)

NEXTEL COMMUNICATIONS OF THE MID-ATLANTIC, INC., d/b/a Nextel Communications, Plaintiff v. CITY OF CAMBRIDGE; Planning Board of the City of Cambridge; and Thomas Anninger, Florrie Darwin, Pam Winters, and Hugh Russell in their capacities as members of the Planning Board of the City of Cambridge, Defendants

United States District Court, D. Massachusetts.

February 28, 2003.


Attorney(s) appearing for the Case

Steven E. Grill, Esq., Devine, Millimet & Branch, Manchester, NH, for Nextel Communications of the Mid-Atlantic, Inc., d/b/a Nextel Communications, Plaintiff.

Nancy B. Schlacter, Cambridge City Law Department, Cambridge, MA, for City of Cambridge, the Planning Board of the City of Cambridge, Thomas Anninger, Florrie Darwin, Pam Winters, Hugh Russell, Defendants.


MEMORANDUM AND ORDER

O'TOOLE, District Judge.

Invoking provisions of the Telecommunications Act of 1996 ("TCA"), 47 U.S.C. § 332(c)(7)(B), Nextel Communications ("Nextel") filed this suit because the defendants denied Nextel's application for a special permit allowing it to place wireless telecommunications equipment on the outside of the Royal Sonesta Hotel in Cambridge, Massachusetts. Nextel alleges...

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