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T-MOBILE NORTHEAST LLC v. TOWN OF RAMAPO

No. 08 Civ. 2419.

701 F.Supp.2d 446 (2009)

T-MOBILE NORTHEAST LLC and T-Mobile License LLC, Plaintiffs, v. The TOWN OF RAMAPO, the Town of Ramapo Planning Board, Planning Board Chairman Sylvain Klein, Bracha Gobioff, Brendel Logan, Rev. Walter Brightman, Jr., John Brunson, Richard Stone, Dora Greene, in their official capacities, constituting the Town Planning Board, The Town of Ramapo Town Board and Liborio Derario in his official capacity as Director of Building Administration and Code Enforcement, Defendants.

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

September 26, 2009.

Attorney(s) appearing for the Case

David Leon Snyder, Robert Dominick Gaudioso, Snyder & Snyder, LLP, Tarrytown, NY, for Plaintiff.

Janice Gittelman, Town of Ramapo, Town Attorney, Suffern, NY, for Defendant.

MEMORANDUM OPINION AND ORDER

RICHARD J. HOLWELL, District Judge:

In this action, certain subsidiaries of T-Mobile USA, Inc., allege that the Town of Ramapo and related officials and entities violated various provisions of the federal Telecommunications Act ("the TCA"), 47 U.S.C. § 151 et seq., and New York state law when, after a twenty-two month application process, the Town rejected their application to construct a wireless communications...

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