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HEMPSTEAD v. STATE OF NY

9 Misc.3d 1040 (2005)

805 N.Y.S.2d 231

TOWN OF HEMPSTEAD, Plaintiff, v. STATE OF NEW YORK et al., Defendants.

Supreme Court, Nassau County.

June 16, 2005.

Attorney(s) appearing for the Case

Eliot Spitzer, Attorney General, Mineola, for State of New York and another, defendants.

Joseph Ra, Hempstead, for plaintiff.

OPINION OF THE COURT

GEOFFREY J. O'CONNELL, J.

Plaintiff Town of Hempstead seeks an order granting it a preliminary injunction prohibiting the defendants from further constructing or operating a cell site tower in Wantagh, New York. Defendants oppose and seek a dismissal of this action.

This action arises out of the construction of a cell site tower by defendant Crown Communications, on state property...

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