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GREEN MOUNTAIN REALTY CORP. v. LEONARD

No. 13-2163.

750 F.3d 30 (2014)

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.

April 23, 2014.

Attorney(s) appearing for the Case

Robert D. 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 THOMPSON, Circuit Judge, SOUTER, Associate Justice, STAHL, Circuit Judge.

THOMPSON, Circuit Judge.

This dispute over the location and height of a proposed cellular phone tower has been ongoing since 2009 and is now before us for the second time. In a nutshell, appellant Green Mountain Realty Corp. ("GMR") originally sought to erect a 140-foot cell phone tower between Interstate Route 93 South ("I-93") and the on-ramp by Exit 3 in Milton, Massachusetts. The tower's asserted purpose was to fill a significant

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