Legal Opinion

ATC Realty, LLC v. TOWN OF KINGSTON, NEW HAMPSHIRE

District Court, D. New Hampshire

Decided November 8, 2001No. 00-535-JMPublishedCited by 1 opinion

1Opinion of the Court

ORDER

MUIRHEAD, United States Magistrate Judge.

Plaintiffs ATC Realty, LLC and SBA Towers, Inc. (collectively, “SBA/ATC”) seek an order directing the Town of Kingston, New Hampshire (“Kingston” or “Town”) to issue SBA/ATC all permits and approvals necessary for the construction of 180-foot wireless telecommunications tower on property owned by Heidi J. Heffernan and located at 19 Marshall Road in Kingston (the “Heffernan Site”). SBA/ATC filed the present action after the Kingston Planning Board denied their application for a conditional use permit to construct the tower on the Heffernan Site,…

2Cases cited11 opinions

  1. Universal Camera Corp. v. National Labor Relations BoardSupreme Court of the United States · 1951
  2. Allentown MacK Sales & Service, Inc. v. National Labor Relations BoardSupreme Court of the United States · 1998
  3. 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
  4. Town of Amherst v. Omnipoint Communications Enterprises, Inc.Court of Appeals for the First Circuit · 1999
  5. Penobscot Air Services, Ltd. v. Federal Aviation AdministrationCourt of Appeals for the First Circuit · 1999

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3Cited by1 opinion

  1. ATC Realty v. Town of Kingston, NHDistrict Court, D. New Hampshire · 2001

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