Legal Opinion
T-MOBILE CENTRAL LLC v. City of Fraser
District Court, E.D. Michigan
Decided December 10, 2009No. Civil 08-11878PublishedCited by 2 opinions
1Opinion of the Court
ORDER ADOPTING REPORT AND RECOMMENDATION
JOHN FEIKENS, District Judge.
This case arises from a denial by the City of Fraser of T-Mobile’s application for a zoning variance. T-Mobile seeks to fill a gap in its cellular telephone coverage through the installation a 120 foot monopole on property zoned for commercial use in Fraser. Fraser’s zoning regulations limit the height of structures to 25 feet. When Fraser rejected T-Mobile’s application for a zoning variance, T-Mobile appealed to this Court, arguing that Fraser’s decision is contrary to federal law, because it has “the effect of prohibiting…
2Cases cited22 opinions
- Thomas v. ArnSupreme Court of the United States · 1986
- United States v. W. R. Walters, United States of America v. Two Hundred Sixty-Two FirearmsCourt of Appeals for the Sixth Circuit · 1981
- Eloise HOWARD, Plaintiff-Appellant, v. SECRETARY OF HEALTH AND HUMAN SERVICES, Defendant-AppelleeCourt of Appeals for the Sixth Circuit · 1991
- Town of Amherst v. Omnipoint Communications Enterprises, Inc.Court of Appeals for the First Circuit · 1999
- Thomas v. HalterDistrict Court, E.D. Michigan · 2001
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3Cited by2 opinions
- T-Mobile Central, LLC v. Charter Township of West BloomfieldCourt of Appeals for the Sixth Circuit · 2012
- New York SMSA Ltd. Partnership v. Village of Floral Park Board of TrusteesDistrict Court, E.D. New York · 2011