Legal Opinion
Brehmer v. Planning Board of the Town of Wellfleet
Court of Appeals for the First Circuit
Decided February 6, 2001No. 99-2185PublishedCited by 44 opinions
1Opinion of the Court
STAHL, Circuit Judge.
A group of citizens from Wellfleet, Massachusetts, seeking to undo their town Planning Board’s award of a special zoning permit authorizing construction of a wireless telecommunications tower in the steeple of an historic church, sued the Planning Board and the permit recipient, Omnipoint Communications, Inc. The citizens’ group claimed that the issuance of the permit, an action that the Planning Board was obliged to perform under a consent judgment for its earlier violation of the federal Telecommunications Act (“TCA” or “Act”), was unlawful because it failed to follow…
2Cases cited14 opinions
- City of Chicago v. International College of SurgeonsSupreme Court of the United States · 1997
- United States v. Ilario M.A. ZanninoCourt of Appeals for the First Circuit · 1990
- Hines v. DavidowitzSupreme Court of the United States · 1941
- 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
- Town of Amherst v. Omnipoint Communications Enterprises, Inc.Court of Appeals for the First Circuit · 1999
9 more not listed; retrieve them via the Exa API.
3Cited by44 opinions
- National Tower, LLC v. Plainville Zoning Board of AppealsCourt of Appeals for the First Circuit · 2002
- ATC Realty, LLC v. Town of KingstonCourt of Appeals for the First Circuit · 2002
- Preferred Sites, LLC v. Troup CountyCourt of Appeals for the Eleventh Circuit · 2002
- Green Mountain Realty Corp. v. LeonardCourt of Appeals for the First Circuit · 2014
- New Par, D/B/A Verizon Wireless v. City of SaginawCourt of Appeals for the Sixth Circuit · 2002
39 more not listed; retrieve them via the Exa API.