Legal Opinion

Portland Cellular Partnership v. Inhabitants of the Town of Cape Elizabeth

District Court, D. Maine

Decided September 30, 2015No. 2:14-cv-00274-JDLPublishedCited by 5 opinions

1Opinion of the Court

ORDER ON CROSS-MOTIONS FOR SUMMARY JUDGMENT

Jon D. Levy, United States District Judge

Portland Cellular Partnership, doing business as Verizon Wireless (“Verizon”), has brought suit challenging the denial by the Town of Cape Elizabeth (“Town”) of a permit to construct a wireless telecommunications facility. See ECF No. A at 1. The parties have cross-motioned for summary judgment on the issue of whether the Spectrum Act, 47 U.S.C.A. § 1455 (2015),1 preempts the Town’s ability to deny Verizon’s permit request. ECF No. 29; ECF No. 31; ECF No. 35. The parties have also filed cross-motions for…

2Cases cited16 opinions

  1. Tolan v. CottonSupreme Court of the United States · 2014
  2. Johnson v. University of Puerto RicoCourt of Appeals for the First Circuit · 2013
  3. Ahmed v. NapolitanoCourt of Appeals for the First Circuit · 2014
  4. Fuhrmann v. Staples the Office Superstore East, Inc.Supreme Judicial Court of Maine · 2012
  5. Stewart v. Town of SedgwickSupreme Judicial Court of Maine · 2000

11 more not listed; retrieve them via the Exa API.

3Cited by5 opinions

  1. Extenet Sys., Inc. v. Vill. of PelhamDistrict Court, S.D. Illinois · 2019
  2. Leslie Fissmer v. Town of Cape ElizabethSupreme Judicial Court of Maine · 2017
  3. Berwick Solar, LLC v. Public Utilities CommissionSupreme Judicial Court of Maine · 2026
  4. City of Santa Fe v. CatanachNew Mexico Court of Appeals · 2022
  5. Grace New England et al. v. Town of Weare et al.District Court, D. New Hampshire · 2026

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