Legal Opinion

Omnipoint Communications, Inc. v. City of White Plains

District Court, S.D. New York

Decided September 6, 2001No. 01 Civ. 3285(CM)PublishedCited by 5 opinions

1Opinion of the Court

DECISION AND ORDER DENYING THE MOTION FOR LEAVE TO INTERVENE

McMAHON, District Judge.

This proceeding, alleging violations of to the Telecommunications Act of 1996 (TCA), 47 U.S.C. § 332, was commenced by Omni-point Communications against the City of White Plains and its Planning Board, after the Board denied Plaintiffs application for a permit to build a 150 foot monopole, with antennas and associated equipment, on certain premises owned by the Fenway Golf Club, located on Old Mamaroneck Avenue in the City. That action has proceeded on an expedited schedule, as required by the TCA, *40347 U.S.C. §…

2Cases cited3 opinions

  1. United States v. Pitney Bowes, Inc., Edo Corporation Plessey, Inc. Vernitron Corp., Baii Banking Corp., Movant-AppellantCourt of Appeals for the Second Circuit · 1994
  2. New York News, Inc. v. KheelCourt of Appeals for the Second Circuit · 1992
  3. Great Atlantic & Pacific Tea Co. v. Town of East HamptonDistrict Court, E.D. New York · 1998

3Cited by5 opinions

  1. Omnipoint Communications, Inc. v. City of White PlainsDistrict Court, S.D. New York · 2001
  2. Bernstein v. Village of Wesley HillsDistrict Court, S.D. New York · 2015
  3. City and County of Honolulu v. ShermanHawaii Supreme Court · 2006
  4. Extenet Systems, LLC. v. Village of Kings PointDistrict Court, E.D. New York · 2022
  5. New Cingular Wireless PCS, LLC v. The Planning Board of the Town of East HamptonDistrict Court, E.D. New York · 2023

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