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NEXTEL COMMUNICATIONS v. TOWN OF BROOKLINE

Civil Action No. 06-11251-NG.

520 F.Supp.2d 238 (2007)

NEXTEL COMMUNICATIONS OF THE MID-ATLANTIC, INC. d/b/a Nextel Communications, Plaintiff, v. The TOWN OF BROOKLINE, MASSACHUSETTS, et al., Defendants.

United States District Court, D. Massachusetts.

September 28, 2007.

Attorney(s) appearing for the Case

Danielle L. Pacik, Steven E. Grill, Devine, Millimet & Branch, Manchester, NH, for Plaintiff.

John J. Buchheit, Office of Town Counsel, Joslin Ham Murphy, Town of Brookline, Brookline, MA, for Defendants.

ORDER

NANCY GERTNER, District Judge.

The Court hereby ADOPTS the Report and Recommendations of Magistrate Judge Dein (document # 28), DENIES Plaintiff's Motion for Summary Judgment (document # 15), and GRANTS Defendant's Motion for Summary Judgment (document # 19). For the reasons stated in the Report and Recommendations, the Zoning Board of Appeals's decision was based on substantial evidence, properly defined by the Magistrate Judge as "`such relevant...

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