New Par v. City of Saginaw

OPINION AND ORDER GRANTING PLAINTIFF’S MOTION FOR SUMMARY JUDGMENT AND DENYING DEFENDANT’S MOTION FOR SUMMARY JUDGMENT

LAWSON, District Judge.

The plaintiff, a provider of cellular telephone service, has filed this action under the Telecommunications Act of 1996(Act) seeking mandamus and injunctive relief from a decision of the Board of Zoning Appeals for the City of Saginaw denying a variance which would have allowed the placement of a cellular telephone tower on property which the City’s zoning ordinance otherwise would not have permitted. The plaintiff contends that the denial violates the…