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BELL ATLANTIC MOBILE v. TOWN OF IRONDEQUOIT

No. 11-CV-6141-CJS-MWP.

848 F.Supp.2d 391 (2012)

BELL ATLANTIC MOBILE OF ROCHESTER L.P. doing business as Verizon Wireless, Plaintiff, v. TOWN OF IRONDEQUOIT, NEW YORK; the Town Board of the Town of Irondequoit, New York; and the Building Department of the Town of Irondequoit, New York, Defendants.

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

January 31, 2012.

Attorney(s) appearing for the Case

Laurie Styka Bloom, Esq. , Nixon Peabody LLP, Buffalo, NY, Robert W. Burgdorf, Esq. , Nixon Peabody LLP, Rochester, NY, Joshua S. Turner, Esq. , Washington, DC, for Plaintiff.

Robert B. Koegel, Esq. , Remington, Gifford, Williams & Colicchio, LLP, Rochester, NY, for Defendants.

DECISION and ORDER

CHARLES J. SIRAGUSA, District Judge.

Siragusa, J. Before the Court are Defendants' Motion for Summary Judgment, July 29, 2011, ECF No. 16, and Plaintiff's Motion for Summary Judgment, July 29, 2011, ECF No. 18. Both involve Plaintiff's application before the Town of Irondequoit for permission to install a cell phone tower in Irondequoit. For the reasons stated below, Plaintiff's motion is granted, and Defendants' motion is...

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