Legal Opinion
New York SMSA Ltd. Partnership v. Town of Clarkstown
District Court, S.D. New York
Decided May 26, 2000No. 00Civ. 3029(CM)PublishedCited by 9 opinions
1Opinion of the Court
MEMORANDUM DECISION AND ORDER DENYING PLAINTIFFS’ MOTION FOR INJUNCTIVE RELIEF AND GRANTING DEFENDANTS’ MOTION FOR SUMMARY JUDGMENT
McMAHON, District Judge.
Plaintiffs, a wireless provider and the builder of its monopole facilities, bring this action pursuant to the Federal Telecommunications Act of 1996, 47 U.S.C. § 332 (“TCA”) asking the Court for a mandatory injunction compelling Defendants to issue a permit for Plaintiffs to build a wireless monopole in the Town of Clarkstown. For the reasons stated below, the requested injunction is denied, Defendants’ cross-motion for summary judgment is…
2Cases cited27 opinions
- Board of Regents of State Colleges v. RothSupreme Court of the United States · 1972
- Universal Camera Corp. v. National Labor Relations BoardSupreme Court of the United States · 1951
- Weinberger v. Romero-BarceloSupreme Court of the United States · 1982
- Paul Natale Wendy Natale Jarrod Natale v. Town of Ridgefield Ridgefield Planning and Zoning CommissionCourt of Appeals for the Second Circuit · 1999
- Wali v. CoughlinCourt of Appeals for the Second Circuit · 1985
22 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Preferred Sites, LLC v. Troup CountyCourt of Appeals for the Eleventh Circuit · 2002
- Omnipoint Communications, Inc. v. Common Council of City of PeekskillDistrict Court, S.D. New York · 2002
- Omnipoint Communications, Inc. v. City of White PlainsDistrict Court, S.D. New York · 2001
- Verizon Wireless Personal Communications LP v. City of JacksonvilleDistrict Court, M.D. Florida · 2009
- New York SMSA Ltd. Partnership v. Town of ClarkstownDistrict Court, S.D. New York · 2009
4 more not listed; retrieve them via the Exa API.