Legal Opinion

Century Cellunet of Southern Michigan, Inc. v. City of Ferrysburg

District Court, W.D. Michigan

Decided November 10, 1997No. 4:96 CV 232PublishedCited by 16 opinions

1Opinion of the Court

OPINION

ENSLEN, Chief Judge. ,

This matter is before the Court on plaintiffs’ motion and defendant’s cross-motion for summary judgment under Federal Rule of Civil Procedure 56(c). Plaintiffs filed this action pursuant to the Telecommunications Act of 1996, 47 U.S.C. § 332(c), and pursuant to other federal and state constitutional and statutory authority. Plaintiffs alleged that Defendant City of Ferrysburg (“Ferrysburg”) wrongfully prohibited the erection of the new cellular transmission tower. Plaintiffs then moved for summary judgment only on their claims under the Telecommunications Act of…

2Cases cited19 opinions

  1. Anderson v. Liberty Lobby, Inc.Supreme Court of the United States · 1986
  2. Celotex Corp. v. Catrett, Administratrix of the Estate of CatrettSupreme Court of the United States · 1986
  3. Matsushita Electric Industrial Co., Ltd. v. Zenith Radio CorporationSupreme Court of the United States · 1986
  4. Flagg Bros., Inc. v. BrooksSupreme Court of the United States · 1978
  5. Luther D. Mullen v. Otis Bowen, Secretary of Health and Human Services, Richard G. Shepherd v. Otis Bowen, Secretary of Health and Human ServicesCourt of Appeals for the Sixth Circuit · 1986

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3Cited by16 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. Cellco Partnership v. Town Plan & Zoning Commission of FarmingtonDistrict Court, D. Connecticut · 1998
  3. Cellular Telephone Co. v. Zoning Board of Adjustment of Borough of Ho-Ho-KusDistrict Court, D. New Jersey · 1998
  4. Sprint Spectrum L.P. v. Town of North StoningtonDistrict Court, D. Connecticut · 1998
  5. Airtouch Cellular v. City of El CajonDistrict Court, S.D. California · 2000

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