METHENY v. BECKER

No. 02-2424.

352 F.3d 458 (2003)

Karen B. METHENY, Andrew I Metheny, Daniel J. Melanson and Audrey Melanson, Plaintiffs, Appellants, Ralph Lang, Nancy Lang, Lawrence R. Weil, Mitzi G. Weil, Jonathan L. Held and Alyssa L. Held, Plaintiffs, v. Katherine BECKER, Christian Habersaat, Bruce Sabot, Peter Joy, David Kembel, and Karim Raad, as they are members of the Boxborough Zoning Board of Appeals, Omnipoint Holdings, Inc., Defendants, Appellees.

United States Court of Appeals, First Circuit.

Decided December 12, 2003.


Attorney(s) appearing for the Case

William J. Hunt, with whom Michael B. Newman and Clark, Hunt & Embry were on brief, for appellants.

Kenneth Ira Spigle, for appellees.

Before BOUDIN, Chief Judge, LYNCH and HOWARD, Circuit Judges.


HOWARD, Circuit Judge.

This is an appeal from the district court's dismissal of a removed state court action in which several residents of the town of Boxborough, Massachusetts, sought to undo a decision of the Boxborough Zoning Board of Appeals. The decision in question occurred in May 2002, when the Board settled a federal lawsuit brought against it by Omnipoint Communications, Inc., by issuing a variance permitting Omnipoint to construct a wireless telecommunications...

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