Legal Opinion
New Cingular Wireless PCS, LLC v. Town of Fenton
District Court, N.D. New York
Decided January 4, 2012No. 3:11-CV-510 (ATB)PublishedCited by 7 opinions
1Opinion of the Court
MEMORANDUM-DECISION AND ORDER
ANDREW T. BAXTER, United States Magistrate Judge.
Presently before the court is plaintiffs motion, pursuant to Rules 52 and 58 of the Federal Rules of Civil Procedure, for, inter alia, a judgment1 declaring that the defendants violated the Telecommunications Act of 1996 (the “TCA”), 47 U.S.C. § 332, et seq., and New York law, by denying plaintiffs application for a zoning use variance to construct and operate wireless telecommunications equipment in the Town of Fenton, New York.1 On August 12, 2011, the parties stipulated to the administrative record upon which the…
2Cases cited18 opinions
- Motor Vehicle Mfrs. Assn. of United States, Inc. v. State Farm Mut. Automobile Ins. Co.Supreme Court of the United States · 1983
- City of Rancho Palos Verdes v. AbramsSupreme Court of the United States · 2005
- 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
- Omnipoint Communications, Inc. v. Town of LaGrangeDistrict Court, S.D. New York · 2009
- Sprint Spectrum, L.P. v. WillothCourt of Appeals for the Second Circuit · 1999
13 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Orange County-Poughkeepsie Ltd. Partnership v. Town of East FishkillDistrict Court, S.D. New York · 2015
- T-Mobile Northeast LLC v. Town of IslipDistrict Court, E.D. New York · 2012
- Cellco P'ship v. Town of Clifton ParkDistrict Court, N.D. New York · 2019
- New Cingular Wireless PCS, LLC d/b/a AT&T Mobility v. The Village of Oyster Bay Cove, The Zoning Board of Appeals of the Village of Oyster Bay Cove, and The Planning Board of the Village of Oyster Bay CoveDistrict Court, E.D. New York · 2026
- New Cingular Wireless PCS, LLC v. The Incorporated Village of MuttontownDistrict Court, E.D. New York · 2024
2 more not listed; retrieve them via the Exa API.