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Legal Opinion

Industrial Tower v. Town of Epping

District Court, D. New Hampshire

Decided August 11, 2009No. CV-08-122-JLPublished

1Opinion of the Court

Industrial Tower v . Town of Epping CV-08-122-JL 08/11/09 UNITED STATES DISTRICT COURT DISTRICT OF NEW HAMPSHIRE Industrial Tower and Wireless, LLC v. Civil N o . 08-cv-122-JL Opinion N o .

2009 DNH 121

Town of Epping and Jane Burley O R D E R Industrial Tower and Wireless has sued the Town of Epping, claiming that its planning board’s decision denying Industrial a conditional use permit for a wireless telecommunications tower in the Town violates § 704(a) of the Telecommunications Act of 1996 because the decision is not “supported by substantial evidence contained in a written record.” 47…

2Cases cited9 opinions

  1. Opp Cotton Mills, Inc. v. Administrator of the Wage & Hour Division of the Department of LaborSupreme Court of the United States · 1941
  2. Mills v. Social SecurityCourt of Appeals for the First Circuit · 2001
  3. Town of Amherst v. Omnipoint Communications Enterprises, Inc.Court of Appeals for the First Circuit · 1999
  4. Penobscot Air Services, Ltd. v. Federal Aviation AdministrationCourt of Appeals for the First Circuit · 1999
  5. Morales-Feliciano v. RullanCourt of Appeals for the First Circuit · 2002

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