Legal Opinion
National Tower, LLC v. Plainville Zoning Board of Appeals
Court of Appeals for the First Circuit
Decided July 18, 2002No. 01-2472PublishedCited by 133 opinions
1Opinion of the Court
LYNCH, Circuit Judge.
The federal courts now routinely hear cases brought under the Telecommunications Act of 1996 by those who wish to construct cellular antenna towers and have been denied permission to do so by local town officials. Here, the Zoning Board of Appeals of the Town of Plainville, Massachusetts denied the needed zoning permits and variances to National Tower and Om-nipoint Communications (collectively “Om-nipoint”).
Omnipoint sued under 47 U.S.C. § 332(c)(7)(B)(v), which provides a federal cause of action to a person adversely affected by a state or local decision that violates…
2Cases cited15 opinions
- Motor Vehicle Mfrs. Assn. of United States, Inc. v. State Farm Mut. Automobile Ins. Co.Supreme Court of the United States · 1983
- Universal Camera Corp. v. National Labor Relations BoardSupreme Court of the United States · 1951
- Securities & Exchange Commission v. Chenery Corp.Supreme Court of the United States · 1943
- Federal Election Commission v. AkinsSupreme Court of the United States · 1998
- American Textile Manufacturers Institute, Inc. v. DonovanSupreme Court of the United States · 1981
10 more not listed; retrieve them via the Exa API.
3Cited by133 opinions
- ATC Realty, LLC v. Town of KingstonCourt of Appeals for the First Circuit · 2002
- Green Mountain Realty Corp. v. LeonardCourt of Appeals for the First Circuit · 2014
- Second Generation Properties, L.P. v. Town of PelhamCourt of Appeals for the First Circuit · 2002
- New Par, D/B/A Verizon Wireless v. City of SaginawCourt of Appeals for the Sixth Circuit · 2002
- United States Cellular Telephone of Greater Tulsa, L.L.C. v. City of Broken ArrowCourt of Appeals for the Tenth Circuit · 2003
128 more not listed; retrieve them via the Exa API.