Legal Opinion
Cellco P'ship v. Town of Clifton Park
District Court, N.D. New York
Decided February 6, 2019No. 1:17-CV-273 (FJS/DJS)PublishedCited by 3 opinions
1Opinion of the Court
Frederick J. Scullin, Jr., Senior United States District Judge
I. INTRODUCTION
Pending before the Court is Plaintiff's motion for summary judgment pursuant to Rule 56 of the Federal Rules of Civil Procedure. See Dkt. No. 24.
*254II. BACKGROUND
Plaintiff commenced this action on March 8, 2017, after Defendants (referred to collectively as "Defendant Town") "denied its application for local zoning approvals to construct and operate a new wireless telecommunications facility on a parcel of land in an area of the Town experiencing a significant gap in service[.]" See Dkt. No. 1, Complaint, at ¶ 2. In its…
2Cases cited22 opinions
- Anderson v. Liberty Lobby, Inc.Supreme Court of the United States · 1986
- Adickes v. S. H. Kress & Co.Supreme Court of the United States · 1970
- Universal Camera Corp. v. National Labor Relations BoardSupreme Court of the United States · 1951
- David Giordano v. City of New York, Howard Safir, Police Commissioner, New York City Police Department, Medical Board, Police Pension Fund, Article IICourt of Appeals for the Second Circuit · 2001
- 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 by3 opinions
- New Cingular Wireless PCS, LLC d/b/a AT&T Mobility v. The Village of Oyster Bay Cove, The Zoning Board of Appeals of the Village of Oyster Bay Cove, and The Planning Board of the Village of Oyster Bay CoveDistrict Court, E.D. New York · 2026
- T-Mobile Northeast LLC v. Village of Chestnut Ridge, Village of Chestnut Ridge Board of Trustees, Village of Chestnut Ridge Planning Board, Village of Chestnut Ridge Zoning Board of Appeals, and Alfred A. Fusco, Jr., in his official capacity as Building InspectorDistrict Court, S.D. New York · 2026
- Verizon Wireless of the East LP v. Town of WappingerDistrict Court, S.D. New York · 2022