Legal Opinion
MetroPCS New York, LLC v. Village of East Hills
District Court, E.D. New York
Decided January 20, 2011No. 09-CV-4636 (SJF)(AKT)PublishedCited by 7 opinions
1Opinion of the Court
ORDER
FEUERSTEIN, District Judge.
I. Introduction
On October 28, 2008 plaintiff MetroPCS New York, LLC (“plaintiff’ or “Metro”) filed a complaint against the Village of East Hills (the “Village”), the Village Zoning Board of Appeals, and the Village Clerk (collectively the “defendants”) pursuant to the Telecommunications Act of 1996 (the “TCA”), specifically 47 U.S.C. § 332(c)(7)(B), and Article 78 of the New York Civil Procedure Law and Rules. Plaintiff seeks a declaratory judgment that the ZBA’s denial of plaintiffs application for a special exemption permit and two (2) variances violated the…
2Cases cited23 opinions
- Anderson v. Liberty Lobby, Inc.Supreme Court of the United States · 1986
- Celotex Corp. v. Catrett, Administratrix of the Estate of CatrettSupreme Court of the United States · 1986
- Universal Camera Corp. v. National Labor Relations BoardSupreme Court of the United States · 1951
- 300 Gramatan Avenue Associates v. State Division of Human RightsNew York Court of Appeals · 1978
- McCarthy v. Dun & Bradstreet Corp.Court of Appeals for the Second Circuit · 2007
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3Cited by7 opinions
- New York SMSA Ltd. Partnership v. Village of Floral Park Board of TrusteesDistrict Court, E.D. New York · 2011
- Orange County-Poughkeepsie Ltd. Partnership v. Town of East FishkillDistrict Court, S.D. New York · 2015
- T-Mobile Northeast LLC v. Inc. Village of East HillsDistrict Court, E.D. New York · 2011
- Cellco P'ship v. Town of Clifton ParkDistrict Court, N.D. New York · 2019
- ExteNet Systems, Inc. v. Village of PlandomeDistrict Court, E.D. New York · 2021
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