Legal Opinion
Second Generation Properties, L.P. v. Town of Pelham
Court of Appeals for the First Circuit
Decided December 17, 2002No. 02-1688PublishedCited by 68 opinions
1Opinion of the Court
LYNCH, Circuit Judge.
In this Telecommunications Act case the plaintiff, a landowner, was denied permission to build a wireless communications tower by the Pelham, New Hampshire Zoning Board of Appeals (ZBA or Board). The federal district court, on cross motions for summary judgment, rejected the landowner’s claims that (1) the ZBA decision was not supported by substantial evidence and (2) the decision was an unlawful effective prohibition on the provision of wireless services. In doing so, the district court adopted a rule that so long as any carrier provides service in the area, there is…
2Cases cited16 opinions
- Denver Area Educational Telecommunications Consortium, Inc. v. Federal Communications CommissionSupreme Court of the United States · 1996
- Zenaida Garc A-Ayala v. Lederle Parenterals, Inc.Court of Appeals for the First Circuit · 2000
- Town of Amherst v. Omnipoint Communications Enterprises, Inc.Court of Appeals for the First Circuit · 1999
- Sprint Spectrum, L.P. v. WillothCourt of Appeals for the Second Circuit · 1999
- National Tower, LLC v. Plainville Zoning Board of AppealsCourt of Appeals for the First Circuit · 2002
11 more not listed; retrieve them via the Exa API.
3Cited by68 opinions
- Green Mountain Realty Corp. v. LeonardCourt of Appeals for the First Circuit · 2014
- Omnipoint Holdings, Inc. v. City of CranstonCourt of Appeals for the First Circuit · 2009
- JCI Communications, Inc. v. International Brotherhood of Electrical WorkersCourt of Appeals for the First Circuit · 2003
- Primeco Personal Communications, Limited Partnership, D/B/A Verizon Wireless v. City of Mequon, Cross-AppelleeCourt of Appeals for the Seventh Circuit · 2003
- Metropcs, Inc. v. The City And County Of San FranciscoCourt of Appeals for the Ninth Circuit · 2005
63 more not listed; retrieve them via the Exa API.