Omnipoint Holdings, Inc. v. City of Cranston
Court of Appeals for the First Circuit
1Opinion of the Court
LYNCH, Chief Judge.
In this case a wireless carrier was denied a variance and special use permit by the Cranston Zoning Board of Review to build a wireless communications tower in Cranston, Rhode Island. The carrier had so applied in order to remedy a significant gap it found in coverage.
When the carrier sought federal court review of the denial, the city and zoning board countered that the zoning board’s decision was not a “final action” because limited state court review was available. The district court rejected the argument. Omnipoint Holdings, Inc. v. City of Cranston, No. 06-531, 2007 WL…
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