GREEN MOUNTAIN REALTY CORP. v. LEONARD

No. 11-1706.

688 F.3d 40 (2012)

GREEN MOUNTAIN REALTY CORP., Plaintiff, Appellant, v. John S. LEONARD, Member and Chairman of Town of Milton Board of Appeals; Sara L. Harnish, Member of Town of Milton Board of Appeals; Virginia M. Donahue King, Member of Town of Milton Board of Appeals; Brian M. Hurley, Member of Town of Milton Board of Appeals; Jeffrey B. Mullan, Member of Town of Milton Board of Appeals; Francis C. O'Brien, Member of Town of Milton Board of Appeals; Emanuel Alves, Member of Town of Milton Board of Appeals; Steven M. Lundbohm, Member of Town of Milton Board of Appeals; Town of Milton, Massachusetts; Milton Conservation Commission; Milton Board of Appeals, Defendants, Appellees.

United States Court of Appeals, First Circuit.

Decided August 9, 2012.


Attorney(s) appearing for the Case

David Ciandella , with whom Robert M. Derosier and Donahue, Tucker & Ciandella, PLLC were on brief, for appellant.

Brandon H. Moss , with whom John P. Flynn and Murphy, Hesse, Toomey & Lehane, LLP were on brief, for appellees.

Before LYNCH, Chief Judge, STAHL and LIPEZ, Circuit Judges.


LIPEZ, Circuit Judge.

This appeal arises from an attempt by appellant Green Mountain Realty Corp. to secure permits and regulatory approval to construct a 140-foot cellular phone tower in Milton, Massachusetts. Green Mountain's applications to the Town of Milton Zoning Board of Appeals (the "Board" or "BOA") and the Milton Conservation Commission (the "Commission" or "MCC"), both necessary steps in the approval process, were...

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