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DRAGO v. GARMENT

No. 08 Civ. 6356(SCR).

691 F.Supp.2d 490 (2010)

Stephen DRAGO, Individually and as acting Chair and President of "Neighborhoods Against Cell Towers," Plaintiff, v. John S. GARMENT, Chairman, and Stephen A. Alexander, John E. Durante, Casimiro V. Cibelli, Arnold Bernstein, Michael F. Quinn, and John J. Ioris, as Members of the Planning Board of the City of White Plains; The City of White Plains, New York, and MetroPCS New York, LLC, Defendants.

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

March 2, 2010.

Attorney(s) appearing for the Case

Whitney North Seymour, NY, NY, for Plaintiff.

Arthur George Gutekunst, City of White Plains, Brian Patrick Galligan, Cuddy & Feder, LLP, White Plains, NY, for Defendants.

OPINION AND ORDER

STEPHEN C. ROBINSON, District Judge.

The Plaintiff in this case, Stephen Drago, has brought as action pursuant to 28 U.S.C. § 2201 for declaratory judgment, and the Federal Telecommunications Act ("TCA"), 47 U.S.C. § 332(c)(7)(B)(v) to cancel and enjoin the Special Permits granted by the Planning Board of the City of White Plains to MetroPCS New York, LLC to erect wireless cell antennas at 30 Lake Avenue and 90 Bryant Avenue in...

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