Legal Opinion
Industrial Communications & Electronics, Inc. v. Town of Alton
Court of Appeals for the First Circuit
Decided May 19, 2011No. 10-1738PublishedCited by 7 opinions
1Opinion of the Court
BOUDIN, Circuit Judge.
David and Marilyn Slade own property in the Town of Alton, New Hampshire (“Alton” or “the Town”). Industrial Communications and Electronics, Inc. (“Industrial Communications”), aims to construct a cell phone tower in Alton for two wireless companies. Claiming that only one site was suitable, Industrial Communications filed an application in September 2005 to construct the tower at 486 East Side Drive in Alton.
The site is “200 feet or less” from the border of Slades’ property and according to the Slades, the tower would “stand[] prominently in the line of sight of the…
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