Legal Opinion
Industrial Communications & Electronics, Inc. v. Town of Alton
District Court, D. New Hampshire
Decided May 7, 2010No. 1:07-cr-00082PublishedCited by 2 opinions
1Opinion of the Court
MEMORANDUM ORDER
JOSEPH N. LAPLANTE, District Judge.
These cases raise the question of whether an intervenor who presents no indepen dent federal claims can persist in litigating an action that the principal parties seek to resolve upon a negotiated settlement. As explained below, the answer is no.
I. Background
Each of the cases was commenced by a provider of personal wireless services to challenge a decision by a local land use authority denying permission to construct a cellphone tower. The providers claimed that the decisions violated the Telecommunications Act of 1996 (the “TCA”),…
2Cases cited13 opinions
- Local Number 93, International Ass'n of Firefighters v. City of ClevelandSupreme Court of the United States · 1986
- Dionisio v. Dacanay and Reynaldo C. Dacanay, by His Father and Next Friend v. Saturnina Mendoza, Victor P. Mendoza, and Doe Insurance Co. No. 1Court of Appeals for the Ninth Circuit · 1978
- Robert P. Coyne v. City of SomervilleCourt of Appeals for the First Circuit · 1992
- Quaker State Oil Refining Corporation v. Garrity Oil Company, Inc., Quaker State Oil Refining Corporation v. Garrity Oil Company, Inc.Court of Appeals for the First Circuit · 1989
- Doe v. Friendfinder Network, Inc.District Court, D. New Hampshire · 2008
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3Cited by2 opinions
- Industrial Communications v. Town of AltonDistrict Court, D. New Hampshire · 2010
- Industrial Commc’ns v. Town of Alton, et al.District Court, D. New Hampshire · 2012