IN THE MATTER OF INDEPENDENT WIRELESS ONE CORPORATION v. CITY OF SYRACUSE


12 A.D.3d 1085 (2004)

784 N.Y.S.2d 473

In the Matter of INDEPENDENT WIRELESS ONE CORPORATION et al., Respondents, v. CITY OF SYRACUSE et al., Appellants.

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

November 19, 2004.


It is hereby ordered that the judgment so appealed from be and the same hereby is unanimously affirmed without costs.

Memorandum:

Petitioners, providers of cellular telephone services, applied to respondent City of Syracuse Board of Zoning Appeals (Board) for a use variance permitting them to construct a 120-foot-tall telecommunications tower, disguised as a "flagpole," on a residentially zoned site in respondent City of Syracuse. Petitioners commenced this...

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