Legal Opinion
Omnipoint Communications, Inc. v. Foster Township
District Court, M.D. Pennsylvania
Decided April 30, 1999No. 3:CV-97-1850PublishedCited by 4 opinions
1Opinion of the Court
MEMORANDUM
VANASKIE, District Judge.
Plaintiff Omnipoint Communications, Inc. (Omnipoint) filed this action under 42 U.S.C. § 1983 and the Telecommunication Act of 1996, 47 U.S.C. § 332(c)(7), contending that the defendant Foster Township (Foster) improperly denied Omnipoint’s request for a special exception to erect a 195 foot monopole on a two-acre lot in a C-1 zoned area. (Dkt. Entry 1. ) In its complaint, Omnipoint sought mandamus relief in addition to monetary damages. On April 1, 1998, Omnipoint moved for partial summary judgment as to liability and for the issuance of peremptory judgment…
2Cases cited23 opinions
- 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
- BellSouth Mobility Inc. v. Gwinnett County, GADistrict Court, N.D. Georgia · 1996
- At & T Wireless PCS, Inc. v. City Council of Virginia BeachCourt of Appeals for the Fourth Circuit · 1998
- Western PCS II Corp. v. Extraterritorial Zoning Authority of Santa FeDistrict Court, D. New Mexico · 1997
- Illinois RSA No. 3, Inc. v. County of PeoriaDistrict Court, C.D. Illinois · 1997
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3Cited by4 opinions
- Nextel Partners Inc. v. Kingston TownshipCourt of Appeals for the Third Circuit · 2002
- American Tower, L.P. v. City of GrantCourt of Appeals of Minnesota · 2000
- Nextel Partners Inc. v. Kingston TownshipCourt of Appeals for the Third Circuit · 2002
- American Tower, L.P. v. City of GrantCourt of Appeals of Minnesota · 2000