Legal Opinion

Patterson v. Omnipoint Communications, Inc.

District Court, D. Massachusetts

Decided November 21, 2000No. 1:99-cv-12336PublishedCited by 9 opinions

1Opinion of the Court

MEMORANDUM

TAURO, District Judge.

I. Introduction

This Memorandum concerns two related actions filed by the same Plaintiffs, ten residents from the neighboring towns of Scituate and Cohasset. The permitting and construction of a wireless communications relay tower (“relay tower”) in Scituate, near that town’s border with Cohasset, provides the backdrop to both cases. The issue presented is whether, a local zoning board must follow state and local procedures for issuing a special permit when granting that permit pursuant to a federal court order. Federal question jurisdiction rests on the…

2Cases cited23 opinions

  1. Conley v. GibsonSupreme Court of the United States · 1957
  2. City of Chicago v. International College of SurgeonsSupreme Court of the United States · 1997
  3. United States v. Ilario M.A. ZanninoCourt of Appeals for the First Circuit · 1990
  4. Logan v. Zimmerman Brush Co.Supreme Court of the United States · 1982
  5. Hillsborough County v. Automated Medical Laboratories, Inc.Supreme Court of the United States · 1985

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3Cited by9 opinions

  1. Preferred Sites, LLC v. Troup CountyCourt of Appeals for the Eleventh Circuit · 2002
  2. Brehmer v. Planning Board of the Town of WellfleetCourt of Appeals for the First Circuit · 2001
  3. Gibbs v. SLM Corp.District Court, D. Massachusetts · 2004
  4. Sprint Spectrum, L.P. v. Town of OgunquitDistrict Court, D. Maine · 2001
  5. Independent Wireless One Corp. v. Town of CharlotteDistrict Court, D. Vermont · 2003

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