Legal Opinion

Upstate Cellular Network v. City of Auburn

District Court, N.D. New York

Decided June 28, 2017No. 5:16-CV-1032 (DNH/TWD)PublishedCited by 6 opinions

1Opinion of the Court

*311MEMORANDUM, DECISION and ORDER

DAVID N. HURD, United States District Judge

I. INTRODUCTION.

Plaintiff Upstate Cellular Network, doing business as Verizon Wireless (“plaintiff’ or “Verizon”) filed this action on August 23, 2016. Verizon asserts that the defendants, the City of Auburn (“Auburn”), the City Council of the City of Auburn, New York (“City Council”), Plaii-ning Board of the City of Auburn, New York (“Planning Board”), Zoning Board of Appeals of the City of Auburn, New York (“Zoning Board”) and Brian Hicks, Code Enforcement Officer of the City of Auburn, New York (“Hicks”, and…

2Cases cited21 opinions

  1. Anderson v. Liberty Lobby, Inc.Supreme Court of the United States · 1986
  2. First Nat. Bank of Ariz. v. Cities Service Co.Supreme Court of the United States · 1968
  3. Jackson Dairy, Inc. v. H. P. Hood & Sons, Inc.Court of Appeals for the Second Circuit · 1979
  4. City of Arlington v. Fed. Commc'ns Comm'nSupreme Court of the United States · 2013
  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 by6 opinions

  1. Cellco Partnership v. City of MilwaukeeDistrict Court, E.D. Wisconsin · 2024
  2. Crown Castle Fiber LLC v. Charleston, City ofDistrict Court, D. South Carolina · 2020
  3. New Cingular Wireless PCS, LLC d/b/a AT&T Mobility v. The Village of Oyster Bay Cove, The Zoning Board of Appeals of the Village of Oyster Bay Cove, and The Planning Board of the Village of Oyster Bay CoveDistrict Court, E.D. New York · 2026
  4. TowerCo 2013, LLC v. Berlin TownshipDistrict Court, S.D. Ohio · 2023
  5. TowerCo 2013, LLC v. Berlin TownshipDistrict Court, S.D. Ohio · 2023

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