Legal Opinion

Nextel Partners, Inc. v. Town of Amherst, NY

District Court, W.D. New York

Decided March 4, 2003No. 6:02-cv-06483PublishedCited by 17 opinions

1Opinion of the Court

DECISION AND ORDER

SIRAGUSA, District Judge.

Before the Court is plaintiffs motion (docket # 7) for summary judgment on its complaint (docket # 1), which alleges that defendants have violated the Telecommunications Act of 1996 and state law by failing to permit Nextel Partners, Inc. (“Nextel”) to add cellular telephone antennae to an existing guyed tower in the Town of Amherst, New York (“Town”). For the reasons stated below, the Court grants Nextel’s motion, and orders the filing of additional information pertinent to Nextel’s motion for a reasonable attorney’s fee and costs pursuant to 42…

2Cases cited47 opinions

  1. Anderson v. Liberty Lobby, Inc.Supreme Court of the United States · 1986
  2. Celotex Corp. v. Catrett, Administratrix of the Estate of CatrettSupreme Court of the United States · 1986
  3. Matsushita Electric Industrial Co., Ltd. v. Zenith Radio CorporationSupreme Court of the United States · 1986
  4. West v. AtkinsSupreme Court of the United States · 1988
  5. Adickes v. S. H. Kress & Co.Supreme Court of the United States · 1970

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3Cited by17 opinions

  1. Omnipoint Communications, Inc. v. Town of LaGrangeDistrict Court, S.D. New York · 2009
  2. Omnipoint Communications, Inc. v. Village of Tarrytown Planning BoardDistrict Court, S.D. New York · 2004
  3. Sprint PCS Assets, L.L.C. Ex Rel. Sprint Telephony PCS, LP v. City of Palos Verdes EstatesCourt of Appeals for the Ninth Circuit · 2009
  4. Site Acquisitions, Inc. v. Town of New ScotlandAppellate Division of the Supreme Court of the State of New York · 2003
  5. Orange County-Poughkeepsie Ltd. Partnership v. Town of East FishkillDistrict Court, S.D. New York · 2015

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