Legal Opinion
Building Commissioner v. Dispatch Communications of New England, Inc.
Massachusetts Appeals Court
Decided March 9, 2000No. Nos. 98-P-0309, 98-P-0310, & 98-P-0375PublishedCited by 18 opinions
1Opinion of the CourtBeck, J.
Between October, 1995, and May, 1996, Dispatch Communications of New England, Inc., doing business as Nextel Communications, Inc. (Nextel), constructed a telecommunications tower on privately owned property in a rural residential district in the town of Franklin. The four cases consolidated in this appeal are the result of the town’s efforts to have the tower removed.
Procedural and factual background. We take the facts from the findings of the Superior Court judge and the undisputed summary judgment materials before him, as well as from the stipulated facts in the District Court criminal…
2Cases cited42 opinions
- Community National Bank v. DawesMassachusetts Supreme Judicial Court · 1976
- United States v. E. I. Du Pont De Nemours & Co.Supreme Court of the United States · 1956
- United States Steel Corp. v. Fortner Enterprises, Inc.Supreme Court of the United States · 1977
- Town of Amherst v. Omnipoint Communications Enterprises, Inc.Court of Appeals for the First Circuit · 1999
- Commonwealth v. DyerMassachusetts Supreme Judicial Court · 1922
37 more not listed; retrieve them via the Exa API.
3Cited by18 opinions
- Davis v. Zoning Board of ChathamMassachusetts Appeals Court · 2001
- Tanner v. Board of AppealsMassachusetts Appeals Court · 2004
- Pelullo v. CroftMassachusetts Appeals Court · 2014
- Titcomb v. Board of AppealsMassachusetts Appeals Court · 2005
- Plainville Asphalt Corp. v. Town of PlainvilleMassachusetts Appeals Court · 2013
13 more not listed; retrieve them via the Exa API.