Cellular Telephone Co. v. Village of Tarrytown
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
OPINION OF THE COURT
Sullivan, J.
The instant controversy poses the question of whether a municipality may enact a moratorium prohibiting the use of property for the enhancement of cellular telephone service based solely upon a scientifically unfounded public perception that such use will create adverse health risks to those residents in the surrounding community. We answer this question in the negative.
*60The plaintiff, Cellular Telephone Company, doing business as Cellular One, is a business entity and a public utility which is engaged in providing cellular telephone communication to the general…
2Cases cited17 opinions
- Hearst Corp. v. ClyneNew York Court of Appeals · 1980
- Golden v. Planning Board of RamapoNew York Court of Appeals · 1972
- In re Grand Jury Subpoenas for Local 17, 135, 257 & 608 of United Brotherhood of Carpenters & Joiners of AmericaNew York Court of Appeals · 1988
- Cellular Telephone Co. v. RosenbergNew York Court of Appeals · 1993
- Faymor Development Co. v. Board of Standards & AppealsNew York Court of Appeals · 1978
12 more not listed; retrieve them via the Exa API.
3Cited by29 opinions
- Curtis v. Board of AppealsHawaii Supreme Court · 1999
- Brown v. AppelmanAppellate Division of the Supreme Court of the State of New York · 1998
- Laurel Realty v. Planning BoardAppellate Division of the Supreme Court of the State of New York · 2007
- Urban Strategies, Inc. v. NovelloAppellate Division of the Supreme Court of the State of New York · 2002
- Deutsche Bank Natl. Trust Co. v. PezzolaAppellate Division of the Supreme Court of the State of New York · 2021
24 more not listed; retrieve them via the Exa API.