Legal Opinion

Nextel of New York, Inc. v. City of Mount Vernon

District Court, S.D. New York

Decided March 21, 2005No. 03 CIV. 7175(SCR)PublishedCited by 8 opinions

1Opinion of the Court

MEMORANDUM DECISION AND ORDER

ROBINSON, District Judge.

I. Background

A. Factual History

Nextel Communications (the “Plaintiff’) brought this action against the City of Mount Vernon, the Mount Vernon City Council and its members, the City of Mount Vernon Planning Board and its members, and the Commissioner and Deputy Commissioner of the Department of Buildings (the “Defendants”), pursuant to the Telecommunications Act of 1996, 47 U.S.C. § 332(c) (“TCA”).

The City of Mount Vernon Planning Board is an administrative body authorized by the laws of the state of New York, and by the Code of the City of…

2Cases cited11 opinions

  1. Swierkiewicz v. Sorema N. A.Supreme Court of the United States · 2002
  2. Motor Vehicle Mfrs. Assn. of United States, Inc. v. State Farm Mut. Automobile Ins. Co.Supreme Court of the United States · 1983
  3. Salahuddin v. CuomoCourt of Appeals for the Second Circuit · 1988
  4. Kenneth Wynder v. James W. McMahon David Spahl, Robert Jones, Louis B. Barbaria, Craig Masterson, Individually, John Keats, Marine Midland BankCourt of Appeals for the Second Circuit · 2004
  5. 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

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3Cited by8 opinions

  1. Omnipoint Communications, Inc. v. Town of LaGrangeDistrict Court, S.D. New York · 2009
  2. National Railroad Passenger Corp. v. McDonaldDistrict Court, S.D. New York · 2013
  3. Gilmore v. UNIVERSITY OF ROCHESTER STRONG MEMORIAL HOSPITAL DIVISIONDistrict Court, W.D. New York · 2005
  4. New Cingular Wireless PCS, LLC v. Town of FentonDistrict Court, N.D. New York · 2012
  5. T-Mobile Northeast LLC v. Town of IslipDistrict Court, E.D. New York · 2012

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