Legal Opinion
Independent Wireless One Corp. v. Town of Maryland Planning Board
New York Supreme Court
Decided February 19, 2002Published
1Opinion of the Court
OPINION OF THE COURT
William F. O’Brien, III, J.
Petitioners instituted this combined CPLR article 78 proceeding and action for a declaratory judgment seeking to compel acceptance of their application for site plan approval to build a 125-foot monopole wireless communications tower at a site located on Hubbard Hill Road in the Town of Maryland, New York. The petition/complaint also seeks a declaration that Local Law No. 1 (2001) of the Town of Maryland (Local Law No. 1-2001), as passed by the Town Board of the Town of Maryland on April 5, 2001, is invalid.
Procedural History
The instant petition…
2Cases cited7 opinions
- 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
- Niagara Recycling, Inc. v. Town of NiagaraAppellate Division of the Supreme Court of the State of New York · 1981
- Pete Drown, Inc. v. Town BoardAppellate Division of the Supreme Court of the State of New York · 1996
- SNET Cellular, Inc. v. AngellDistrict Court, D. Rhode Island · 2000
- Pete Drown, Inc. v. Town Board of EllenburgAppellate Division of the Supreme Court of the State of New York · 1992
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