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  5. 853 F.Supp.2d 198 (2012)
 

NEW CINGULAR WIRELESS PCS, LLC v. TOWN OF STODDARD

Civil No. 11-cv-388-JL.

853 F.Supp.2d 198 (2012)

2012 DNH 046

NEW CINGULAR WIRELESS PCS, LLC v. TOWN OF STODDARD, NEW HAMPSHIRE, and Zoning Board of Adjustment of the Town of Stoddard, New Hampshire.

United States District Court, D. New Hampshire.

February 16, 2012.

Attorney(s) appearing for the Case

Anne Robbins , Stephen D. Anderson , Cambridge, MA, for New Cingular Wireless PCS, LLC.

Jeffrey C. Spear , James P. Bassett , Orr & Reno PA, Concord, NH, for Town of Stoddard, New Hampshire, and Zoning Board of Adjustment of the Town of Stoddard, New Hampshire.

MEMORANDUM ORDER

JOSEPH N. LAPLANTE, District Judge.

The question in this case is whether the Town of Stoddard's Zoning Board of Adjustment, by granting rehearing of its decision to approve plaintiff New Cingular Wireless PCS, LLC's application to construct a wireless telecommunications facility, violated § 704(a) of the Telecommunications Act of 1996 by failing to act on the application "within a reasonable period of time." 47 U.S.C. §...

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