Legal Opinion

Omnipoint Communications, Inc. v. City of White Plains

District Court, S.D. New York

Decided December 4, 2001No. 01 Civ. 3285(CM)PublishedCited by 11 opinions

1Opinion of the Court

MEMORANDUM, DECISION AND ORDER

McMAHON, District Judge.

Omnipoint Communications, Inc. (“Om-nipoint”) brings this action against the City of White Plains and its Planning Board (the “Board”), alleging violations of the Federal Telecommunications Act of 1996, 47 U.S.C. § 332 (the “TCA”), Article 78 of The New York Civil Practice Laws and Rules, and 42 U.S.C. § 1983, for the Board’s denial of Omnipoint’s application for a permit to build a 150 foot monopole, with antennas and associated equipment, on certain premises owned by the Fenway Golf Club, located on Old Mamaroneck Avenue in the City.

Omnip…

2Cases cited38 opinions

  1. Celotex Corp. v. Catrett, Administratrix of the Estate of CatrettSupreme Court of the United States · 1986
  2. Matsushita Electric Industrial Co., Ltd. v. Zenith Radio CorporationSupreme Court of the United States · 1986
  3. Adickes v. S. H. Kress & Co.Supreme Court of the United States · 1970
  4. Universal Camera Corp. v. National Labor Relations BoardSupreme Court of the United States · 1951
  5. United States v. Diebold, Inc.Supreme Court of the United States · 1962

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3Cited by11 opinions

  1. Omnipoint Communications, Inc. v. Common Council of City of PeekskillDistrict Court, S.D. New York · 2002
  2. Omnipoint Communications, Inc. v. Village of Tarrytown Planning BoardDistrict Court, S.D. New York · 2004
  3. Nextel Partners, Inc. v. Town of Amherst, NYDistrict Court, W.D. New York · 2003
  4. Sprint Spectrum LP v. BOARD OF ZON. APP., OF TOWN OF BROOKHAVENDistrict Court, E.D. New York · 2003
  5. MetroPCS, Inc. v. City and County of San FranciscoDistrict Court, N.D. California · 2003

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