Legal Opinion

Omnipoint Communications MB Operations, LLC v. Town of Lincoln

District Court, D. Massachusetts

Decided August 2, 2000No. Civ.A. 99-11012-EFHPublishedCited by 36 opinions

1Opinion of the Court

MEMORANDUM AND ORDER

HARRINGTON, District Judge.

STATEMENT OF THE CASE

This matter is presently before the Court on the parties’ Cross Motions for Summary Judgment pursuant to Federal Rule of Civil Procedure 56. This is one of the many cases arising under the Federal Telecommunications Act of 1996, 47 U.S.C. § 332 (the “TCA”). The TCA sets in opposition the interest of telecommunication companies in developing a comprehensive nationwide wireless communications network and the interest of local governments in protecting the character and nature of their localities from the unseemly proliferation…

2Cases cited13 opinions

  1. Anderson v. Liberty Lobby, Inc.Supreme Court of the United States · 1986
  2. Universal Camera Corp. v. National Labor Relations BoardSupreme Court of the United States · 1951
  3. Cellular Telephone Company, Doing Business as at & T Wireless Services v. The Town of Oyster Bay and the Town Board of the Town of Oyster BayCourt of Appeals for the Second Circuit · 1999
  4. Town of Amherst v. Omnipoint Communications Enterprises, Inc.Court of Appeals for the First Circuit · 1999
  5. Sprint Spectrum, L.P. v. WillothCourt of Appeals for the Second Circuit · 1999

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3Cited by36 opinions

  1. City of Rancho Palos Verdes v. AbramsSupreme Court of the United States · 2005
  2. National Tower, LLC v. Plainville Zoning Board of AppealsCourt of Appeals for the First Circuit · 2002
  3. ATC Realty, LLC v. Town of KingstonCourt of Appeals for the First Circuit · 2002
  4. Second Generation Properties, L.P. v. Town of PelhamCourt of Appeals for the First Circuit · 2002
  5. T-MOBILE SOUTH LLC v. City of Jacksonville, Fla.District Court, M.D. Florida · 2008

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