Legal Opinion

Town of Amherst v. Omnipoint Communications Enterprises, Inc.

Court of Appeals for the First Circuit

Decided April 2, 1999No. 98-2061PublishedCited by 156 opinions

1Opinion of the Court

BOUDIN, Circuit Judge.

This is an appeal by the Town of Amherst, New Hampshire; from an injunction granted by the district court. The injunction, granted on cross-motions for summary judgment, directed the town to grant permits to Omnipoint Communications Enterprises, Inc. (“Omnipoint”), to build facilities to provide wireless telephone services. The case presents difficult issues under the Telecommunications Act of 1996, 47 U.S.C. § 151 et seq. The background events are generally undisputed.

Omnipoint is a major provider of wireless telephone service to the public. In March 1997 or…

2Cases cited11 opinions

  1. 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
  2. Penobscot Air Services, Ltd. v. Federal Aviation AdministrationCourt of Appeals for the First Circuit · 1999
  3. At & T Wireless PCS, Inc. v. City Council of Virginia BeachCourt of Appeals for the Fourth Circuit · 1998
  4. Wenners v. Great State Beverages, Inc.Supreme Court of New Hampshire · 1995
  5. Virginia Metronet, Inc. v. BD. OF SUPERVISORS OF JAMES CITY CTY., VIRGINIADistrict Court, E.D. Virginia · 1998

6 more not listed; retrieve them via the Exa API.

3Cited by156 opinions

  1. Foley v. Wells Fargo Bank, N.A.Court of Appeals for the First Circuit · 2014
  2. Pinney v. Nokia, Inc.Court of Appeals for the Fourth Circuit · 2005
  3. Sprint Spectrum, L.P. v. WillothCourt of Appeals for the Second Circuit · 1999
  4. National Tower, LLC v. Plainville Zoning Board of AppealsCourt of Appeals for the First Circuit · 2002
  5. Puerto Rico Telephone Co. v. Telecommunications Regulatory BoardCourt of Appeals for the First Circuit · 1999

151 more not listed; retrieve them via the Exa API.

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