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CELLCO PARTNERSHIP v. TOWN OF GRAFTON, MASS.

No. CIV.A.02-11600-RCL.

336 F.Supp.2d 71 (2004)

CELLCO PARTNERSHIP d/b/a Verizon Wireless, Plaintiff, v. THE TOWN OF GRAFTON, MASSACHUSETTS, the Grafton Planning Board, and Robert Hassinger, Robert Mitchell, Keith Regan, Martin Temple, and Stephen Dunne, as they are the Members of the Planning Board of the Town of Grafton, Massachusetts, Defendants.

United States District Court, D. Massachusetts.

September 29, 2004.

Attorney(s) appearing for the Case

Joseph C. Cove, Uxbridge, for The Grafton Planning Board, The Town of Grafton, Massachusetts, Keith Regan, Martin Temple, Robert Hessinger, Robert Mitchell, Stephen Dunne, Defendants.

Deborah I. Ecker, Brody, Hardoon, Perkins & Keston, Boston, MA, for The Grafton Planning Board, The Town of Grafton, Massachusetts, Keith Regan, Martin Temple, Robert Hessinger, Robert Mitchell, Stephen Dunne, Defendants.

Sarah Louise McGinnis, Robinson & Cole LLP, Boston, MA, for Cellco Partnership, Plaintiff.

David Bliss Wilson, Robinson & Cole, LLP, Boston, MA, for Cellco Partnership, Plaintiff.

MEMORANDUM AND ORDER ON CROSS-MOTIONS FOR SUMMARY JUDGMENT

LINDSAY, District Judge.

Before the court are cross-motions for summary judgment filed by Cellco Partnership d/b/a Verizon Wireless ("Cellco") and the Town of Grafton ("the Town").

Cellco alleges in its complaint that the Grafton Planning Board (the "Board") wrongfully denied its application for a special permit to place a wireless telecommunications

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