Laurence Wolf Capital Management Trust v. City of Ferndale

OPINION AND ORDER REQUIRING DEFENDANT TO ISSUE NON-USE VARIANCE

GADOLA, District Judge.

Before the Court is Plaintiffs “motion for entry of order requiring issuance of non-use variance and disposing of case.” The Court held a hearing on the motion on May 13, 2004. For the reasons set forth below, the Court will grant the motion in part and deny the motion in part.

On December 18, 2000, after a bench trial, the Court issued an order and a judgment in favor of Defendant concluding that Defendant did not violate § 332 of the Telecommunications Act of 1996, 47 U.S.C. § 332, when it denied AT & T…