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NEW YORK SMSA LTD. PARTNER. v. TOWN OF CLARKSTOWN

Docket Nos. 09-1546-cv, 09-1860-cv.

612 F.3d 97 (2010)

NEW YORK SMSA LIMITED PARTNERSHIP, doing business as Verizon Wireless, New Cingular Wireless PCS, LLC, Sprint Spectrum L.P., and Omnipoint Communications, Inc., a wholly owned subsidiary of T-Mobile USA, Inc., Plaintiffs-Appellees-Cross-Appellants, v. TOWN OF CLARKSTOWN and Town Board of the Town of Clarkstown, Defendants-Appellants-Cross-Appellees.

United States Court of Appeals, Second Circuit.

Decided: June 30, 2010.

Attorney(s) appearing for the Case

Andrew G. McBride (Joshua S. Turner, Jamie A. Aycock, Wiley Rein LLP, Washington, D.C., Christopher B. Fisher, Cuddy & Feder LLP, White Plains, NY, John F. Stoviak, Charles Michael Rowan, Jr., Saul Ewing, LLP, Princeton, NJ, Richard M. Fricke, Price, Meese, Shulman & D'Arminio, P.C., Woodcliff Lake, NJ, on the brief), for Plaintiffs-Appellees-Cross-Appellants.

Edward M. Ross (Judah Serfaty, Rosenberg Calica & Birney LLP, Garden City, NY, on the brief), for Defendants-Appellants-Cross-Appellees.

Before: McLAUGHLIN and CHIN, Circuit Judges.

PER CURIAM:

In 2007, the Town of Clarkstown in Rockland County, New York (the "Town"), passed a local law governing the installation of wireless telecommunications facilities. The law was intended to give the Town the ability to control visual and aesthetic aspects of wireless telecommunications facilities within the Town, and, in particular, it sought to implement a "preference" in residential areas for smaller and less intrusive antennas. Four national telecommunications...

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