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MASTERPAGE COMMUNICATIONS v. TOWN OF OLIVE, NY

No. 1:02 CV 888 NAM/DRH.

418 F.Supp.2d 66 (2005)

MASTERPAGE COMMUNICATIONS, INC., Plaintiff, v. THE TOWN OF OLIVE, NEW YORK, the Town of Olive Town Board, Berndt Leifeld, Supervisor, Linda Burkhardt, Helen Chase, Cindy Johansen and Bruce Lamonda, in their capacity as members of Town Board of the Town of Olive, the Planning Board of the Town of Olive, the Building Inspector of the Town of Olive, and the Code Enforcement Officer of the Town of Olive, Defendants.

United States District Court, N.D. New York.

September 28, 2005.

Attorney(s) appearing for the Case

Young, Sommer Law Firm, Executive Woods, Albany, NY, for Plaintiff, J. Michael Naughton, of counsel.

Kerr & Weiss, New Paltz, New York, for Defendants, James H. Kerr, of counsel.

MEMORANDUM-DECISION AND ORDER

MORDUE, District Judge.

I. INTRODUCTION

This action stems from plaintiff Masterpage Communication, Inc.'s application for a special use permit to build a wireless telecommunications facility in Olive, New York. The complaint alleges that the Town of Olive, New York, the Town of Olive Town Board, Berndt Leifeld, Supervisor, Linda Burkhardt, Helen Chase, Cindy Johansen and Bruce Lamonda, in their capacity...

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