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INDUSTRIAL COMMUNICATIONS v. TOWN OF ALTON, N.H.

No. 10-1738.

646 F.3d 76 (2011)

INDUSTRIAL COMMUNICATIONS AND ELECTRONICS, INC.; RCC Atlantic Inc., d/b/a Unicel; U.S.C.O.C. of New Hampshire RSA # 2, Inc., d/b/a U.S. Cellular, Plaintiffs, Appellees, v. TOWN OF ALTON, NEW HAMPSHIRE, Defendant, Appellee. David Slade; Marilyn Slade, Intervenors, Appellants.

United States Court of Appeals, First Circuit.

Decided May 19, 2011.

Attorney(s) appearing for the Case

Paul T. Fitzgerald with whom Wescott, Dyer, Fitzgerald & Nichols, P.A., was on brief for intervenors, appellants.

Steven E. Grill with whom Devine, Millimet & Branch, P.A., was on brief for appellees.

Before TORRUELLA, Circuit Judge, SOUTER, Associate Justice, and BOUDIN, Circuit Judge.

BOUDIN, Circuit Judge.

David and Marilyn Slade own property in the Town of Alton, New Hampshire ("Alton" or "the Town"). Industrial Communications and Electronics, Inc. ("Industrial Communications"), aims to construct a cell phone tower in Alton for two wireless companies. Claiming that only one site was suitable, Industrial Communications filed an application in September 2005 to construct the tower at 486 East Side Drive in Alton.

The site is "200 feet or...

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