Legal Opinion
New York SMSA Ltd. Partnership v. Town of Clarkstown
Court of Appeals for the Second Circuit
Decided June 30, 2010No. Docket 09-1546-cv, 09-1860-cvPublishedCited by 97 opinions
1Per curiam
In 2007, the Town of Clarkstown in Rockland County, New York (the “Town”), passed a local law governing the installation of wireless telecommunications facilities. The law was intended to give the Town the ability to control visual and aesthetic aspects of wireless telecommunications facilities within the Town, and, in particular, it sought to implement a “preference” in residential areas for smaller and less intrusive antennas. Four national telecommunications service providers brought this action below to challenge the law on the grounds that it was preempted by federal communications law.…
2Cases cited19 opinions
- Medtronic, Inc. v. LohrSupreme Court of the United States · 1996
- English v. General Electric Co.Supreme Court of the United States · 1990
- Wyeth v. LevineSupreme Court of the United States · 2009
- Maryland v. LouisianaSupreme Court of the United States · 1981
- National Broadcasting Co. v. United StatesSupreme Court of the United States · 1943
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3Cited by97 opinions
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