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UP STATE TOWER CO. v. TOWN OF SOUTHPORT, NEW YORK

6:18-CV-06445 EAW.

412 F.Supp.3d 270 (2019)

UP STATE TOWER CO., LLC and Buffalo-Lake Erie Wireless Systems Co., LLC, Plaintiffs, v. The TOWN OF SOUTHPORT, NEW YORK, The Zoning Board of Appeals of the Town of Southport, New York, and the Planning Board of the Town of Southport, New York, Defendants.

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

Signed September 25, 2019.

Editors Note
Applicable Law: 28 U.S.C. § 1331
Cause: 28 U.S.C. § 1331 Fed Question: Fed Communications Act of 1
Nature of Suit: 890 Other Statutory Actions
Source: PACER

Attorney(s) appearing for the Case

Jon P. Devendorf , Michael J. Balestra , Mitchell J. Katz , Maria Mastriano , Barclay Damon, LLP, Syracuse, NY, for Plaintiffs.

Alan J. Knauf , Jonathan R. Tantillo , Knauf Shaw LLP, Rochester, NY, for Defendants.

DECISION AND ORDER

INTRODUCTION

Plaintiffs Up State Tower Co., LLC ("Up State") and Buffalo Lake Erie Wireless Systems Co., LLC ("Buffalo Wireless") (collectively "Plaintiffs") bring this action pursuant to the Telecommunications Act of 1996, Pub. L. No...

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