Legal Opinion
Crown Communication New York, Inc. v. Department of Transportation
New York Court of Appeals
Decided February 10, 2005PublishedCited by 14 opinions
1Opinion of the Court
OPINION OF THE COURT
Graffeo, J.
In this case we are asked whether the installation of private antennae on two state-owned telecommunications towers is exempt from local zoning regulation. Under the particular facts and circumstances of this case, we conclude that the commercial telecommunications providers involved in this state project are not required to make applications for special permits.
In 1997, the New York State Police, on behalf of itself and participating state agencies including the Department of Transportation (DOT or collectively the State), entered into a Telecommunications Site…
2Cases cited4 opinions
- Incorporated Village of Nyack v. Daytop Village, Inc.New York Court of Appeals · 1991
- In re the County of MonroeNew York Court of Appeals · 1988
- Murphy v. Erie CountyNew York Court of Appeals · 1971
- Crown Communication New York, Inc. v. Department of TransportationAppellate Division of the Supreme Court of the State of New York · 2003
3Cited by14 opinions
- Mhany Management, Inc. v. County of NassauCourt of Appeals for the Second Circuit · 2016
- Mhany Management Inc. v. County of NassauDistrict Court, E.D. New York · 2012
- Town of Hempstead v. StateAppellate Division of the Supreme Court of the State of New York · 2007
- Village of Woodbury v. BrachAppellate Division of the Supreme Court of the State of New York · 2012
- County of Herkimer v. Village of HerkimerNew York Supreme Court · 2016
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