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TOWN OF CHARLESTOWN v. NYNEX MOBILE COMMUNICATIONS

C.A. No. 93-597L.

933 F.Supp. 161 (1996)

TOWN OF CHARLESTOWN and Donald J. Dinucci, in his official capacity as the zoning and building official of the Town of Charlestown, Plaintiffs, v. NYNEX MOBILE COMMUNICATIONS COMPANY; Mirra Company, Inc.; and their agents, servants, employees, and independent contractors, and others unknown engaging in construction on certain property in the Town of Charlestown, Defendants.

United States District Court, D. Rhode Island.

August 21, 1996.

Attorney(s) appearing for the Case

Bruce N. Goodsell, Phillip M. Sloan, Town of Charlestown Solicitor, Westerly, RI, for Plaintiffs.

Mark B. Morse, Providence, RI, for Defendants.

MEMORANDUM AND ORDER

LAGUEUX, Chief Judge.

This matter is before the Court on cross motions for summary judgment. The parties dispute whether the Town of Charlestown (the "town") has regulatory authority over a private actor who is constructing a cellular communications tower on non-settlement lands owned by the Narragansett Indian Tribe.1 Defendant Nynex Mobile Communications Company ("Nynex") began construction of the...

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