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FLYNN v. BURMAN

Nos. Civ.A. 97-12531-GAO, Civ.A. 98-11178-GAO.

30 F.Supp.2d 68 (1998)

Paul P. FLYNN and Sandra M. Flynn, Plaintiffs, v. Eugene BURMAN, Ron S. Jansson, Emmett F. Glynn, Richard L. Boy, and Gail Nightingale, as Members of the Town of Barnstable Zoning Board of Appeals; and The Town of Barnstable, Defendants. Airway Communications of Avon, LLC; Paul P. Flynn; and Sandra M. Flynn, Plaintiffs, v. The Town of Barnstable, Defendant.

United States District Court, D. Massachusetts.

November 19, 1998.

Attorney(s) appearing for the Case

Douglas G. Moxham, Lane & Altman, Boston, MA, for Paul P. Flynn, Sandra M. Flynn, Airway Communications of Avon, LLC.

Andrew Z. Schwartz, Brandon F. White, Daniel H. Haines, Foley, Hoag & Eliot, Boston, MA, for Eugene Burman, Ron S. Jansson, Emmett F. Glynn, Richard L. Boy, Gail Nightingale, The Town of Barnstable.

Eric W. Wodlinger, Choate, Hall & Stewart, Boston, MA, John J. Goldrosen, Choate, Hall & Stewart, Boston, MA, for Cape Cod Commission.

MEMORANDUM AND ORDER

O'TOOLE, District Judge.

These consolidated cases arise out of a dispute between the plaintiffs and officials of the Town of Barnstable, Massachusetts (the "Town"), over a telecommunications tower located within the Town. In the first action (CV 97-12531-GAO), the plaintiffs Paul P. Flynn and Sandra M. Flynn (the "Flynns") claim that the Town, acting through its Zoning Board of Appeals ("ZBA"), violated certain provisions of the...

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