Legal Opinion

Omnipoint Communications, Inc. v. Planning & Zoning Commission of Wallinford

District Court, D. Connecticut

Decided January 4, 2000No. 3:98CV2533 (WWE)PublishedCited by 18 opinions

1Opinion of the Court

EGINTON, Senior District Judge.

RULING ON PLAINTIFF’S MOTION FOR SUMMARY JUDGMENT

Plaintiff, Omnipoint Communications, Inc., brings this action against the defendants, Planning & Zoning Commission of the Town of Wallingford (“Commission”) and the Town of Wallingford, alleging violations of the Telecommunications Act of 1996, arising out of the denial of the plaintiffs application to erect a wireless communications tower. Omnipoint seeks summary judgment and a writ of mandamus directing the Commission to issue it a permit to construct its wireless facility. For the reasons set forth below, the…

2Cases cited18 opinions

  1. Anderson v. Liberty Lobby, Inc.Supreme Court of the United States · 1986
  2. Universal Camera Corp. v. National Labor Relations BoardSupreme Court of the United States · 1951
  3. Grishelda Bryant v. John J. Maffucci, Dawn Thackeray, Yvonne Powell, Norwood Jackson and Dr. Edward AllanCourt of Appeals for the Second Circuit · 1991
  4. John C. Donahue v. Windsor Locks Board of Fire Commissioners, John R. Colli, Jr., Russell C. Gabrielson, and John R. Colli, IIICourt of Appeals for the Second Circuit · 1987
  5. 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

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3Cited by18 opinions

  1. Omnipoint Communications, Inc. v. Town of LaGrangeDistrict Court, S.D. New York · 2009
  2. New Par, D/B/A Verizon Wireless v. City of SaginawCourt of Appeals for the Sixth Circuit · 2002
  3. Metropcs, Inc. v. The City And County Of San FranciscoCourt of Appeals for the Ninth Circuit · 2005
  4. MetroPCS, Inc. v. City & County of San FranciscoCourt of Appeals for the Ninth Circuit · 2005
  5. Helcher v. Dearborn CountyCourt of Appeals for the Seventh Circuit · 2010

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