Legal Opinion

Nextel Partners Inc. v. Kingston Township

Court of Appeals for the Third Circuit

Decided April 11, 2002No. 00-2502UnknownCited by 1 opinion

1Opinion of the Court

OPINION OF THE COURT

ALITO, Circuit Judge.

Nextel Partners, Inc. (“NPI”), a wireless telecommunications joint venture, wishes to construct a personal wireless communications tower on private property in Kingston Township, Pennsylvania. Unable to obtain variances, NPI entered into negotiations with the Township but never formally applied for a building permit. Instead, NPI filed this action in federal district court, asserting claims under a provision of the federal Telecommunications Act of 1996 (“TCA”), 47 U.S.C. § 332(c)(7)(B)©, and. 42 U.S.C. § 1983. The District Court dismissed, and we…

2Cases cited28 opinions

  1. Allen v. WrightSupreme Court of the United States · 1984
  2. Alyeska Pipeline Service Co. v. Wilderness SocietySupreme Court of the United States · 1975
  3. Lewis v. Continental Bank Corp.Supreme Court of the United States · 1990
  4. Maine v. ThiboutotSupreme Court of the United States · 1980
  5. Fogerty v. Fantasy, Inc.Supreme Court of the United States · 1994

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3Cited by1 opinion

  1. Nextel Partners Inc. v. Kingston TownshipCourt of Appeals for the Third Circuit · 2002

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