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NEXTEL PARTNERS, INC. v. TOWN OF FORT ANN

1 A.D.3d 89 (2003)

766 N.Y.S.2d 712

In the Matter of NEXTEL PARTNERS, INC., et al., Respondents-Appellants, v. TOWN OF FORT ANN et al., Appellants-Respondents.

Appellate Division of the Supreme Court of the State of New York, Third Department.

October 30, 2003.

Attorney(s) appearing for the Case

Law Office of Stan L. Pritzker, Hudson Falls (Stan L. Pritzker of counsel), for Town of Fort Ann and others, appellants-respondents.

Crane, Greene & Parente, Albany (Jacqueline Phillips-Murray of counsel), for respondents-appellants.

Law Office of Marc S. Gerstman, Albany (Marc S. Gerstman of counsel), for John Pettica and others, respondents-appellants.

MERCURE, J.P., CARPINELLO, MUGGLIN and LAHTINEN, JJ., concur.

OPINION OF THE COURT

SPAIN, J.

Petitioner Nextel Partners, Inc., a telephone corporation licensed by the Federal Communications Commission (hereinafter FCC) and the New York State Public Service Commission (hereinafter PSC), provides nationwide wireless cellular telephone service to its subscribers using a network of telecommunication facilities comprised of elevated antennae and related equipment to transmit low power radio signals. Petitioner Independent...

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