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SPRINT SPECTRUM L.P. v. WILLOTH

No. 97-CV-6473T.

996 F.Supp. 253 (1998)

SPRINT SPECTRUM L.P. d/b/a Sprint PCS, Plaintiff, v. Craig WILLOTH, Chairman, Thomas McCune, Craig Litt, William Quinn and Eduard Kerkhoven, Members, constituting the Town of Ontario Planning Board, and Edward Collins, Code Enforcement Officer for the Town of Ontario, Defendants.

United States District Court, W.D. New York.

February 19, 1998.

Attorney(s) appearing for the Case

Robert E. Hornik, Syracuse, NY, for Plaintiff.

John M. Wilson, II, Boylan, Brown, Code, Fowler, Vigdor & Wilson, LLP, Rochester, NY, for Defendants.

DECISION and ORDER

TELESCA, District Judge.

INTRODUCTION

Plaintiff, Sprint Spectrum, L.P. d/b/a Sprint PCS ("Sprint"), brings this action under the Federal Telecommunications Act of 1996 ("the Act") and Article 78 of the New York Civil Practice Laws and Rules, seeking to annul a decision of the Town of Ontario ("the Town") Planning Board which denied Sprint's applications for site plan approval of three cellular towers in the Town. Sprint...

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