Legal Opinion

Bell Atlantic Mobile of Massachusetts Corp. v. City of Cambridge

District Court, D. Massachusetts

Decided July 2, 2014No. Civil Action No. 14-CV-10431-RGSPublished

1Opinion of the Court

MEMORANDUM AND ORDER ON DEFENDANTS’ MOTION TO DISMISS

STEARNS, District Judge.

In this case, defendants City of Cambridge and the members of its Board of Zoning Appeals (BZA) seek to dismiss a mandamus Complaint brought by Bell Atlantic Mobile of Massachusetts (Verizon). At the crux of the dispute is an application by Verizon to site a cell phone tower on Concord Avenue in Cambridge. Defendants contend that the Complaint is improvidently brought because Verizon has failed to comply with Mass. Gen. Laws ch. 40A, § 17, which requires that an appeal of an adverse decision of a zoning board be…

2Cases cited7 opinions

Sprint Spectrum L.P. v. Town of EastonDistrict Court, D. Massachusetts · 1997
Pierce v. Board of Appeals of CarverMassachusetts Supreme Judicial Court · 1976
Omnipoint Holdings, Inc. v. City of CranstonCourt of Appeals for the First Circuit · 2009
Correia v. FitzgeraldCourt of Appeals for the First Circuit · 2003
Westel-Milwaukee Co. v. Walworth CountyCourt of Appeals of Wisconsin · 1996

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