Legal Opinion

T-Mobile Northeast LLC v. Town of Islip

District Court, E.D. New York

Decided September 21, 2012No. 10-CV-692 (ADS)(WDW)PublishedCited by 6 opinions

1Opinion of the Court

MEMORANDUM OF DECISION AND ORDER

SPATT, District Judge.

In this case, the plaintiff T-Mobile Northeast LLC (“T-Mobile”) alleges that the Town of Islip (“the Town”) and the Planning Board of the Town of Islip (“the Board” and together with the Town, “the Defendants”) denied its request for a special use permit to construct a public utility wireless telecommunication facility, in violation of the Telecommunications Act of 1996 (the “TCA”), 47 U.S.C. § 332(c) and Article 78 of the New York Civil Procedure Law and Rules. Presently before the Court are T-Mobile’s motion for summary judgment and the…

2Cases cited54 opinions

  1. Anderson v. Liberty Lobby, Inc.Supreme Court of the United States · 1986
  2. Universal Camera Corp. v. National Labor Relations BoardSupreme Court of the United States · 1951
  3. United States v. Diebold, Inc.Supreme Court of the United States · 1962
  4. 300 Gramatan Avenue Associates v. State Division of Human RightsNew York Court of Appeals · 1978
  5. James M. Cronin v. Aetna Life Insurance CompanyCourt of Appeals for the Second Circuit · 1995

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3Cited by6 opinions

  1. Cellco P'ship v. Town of Clifton ParkDistrict Court, N.D. New York · 2019
  2. ExteNet Systems, LLC. v. Village of Flower HillDistrict Court, E.D. New York · 2022
  3. Extenet Systems, LLC. v. Village of Kings PointDistrict Court, E.D. New York · 2022
  4. Matter of Board of Mgrs. of Westage Towers E. Condominium v. Planning Bd. of the City of White PlainsAppellate Division of the Supreme Court of the State of New York · 2026
  5. Up State Tower Co., LLC v. The Town of Southport, New YorkDistrict Court, W.D. New York · 2019

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