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OMNIPOINT COMMUNICATIONS, INC. v. FOSTER TP.

No. 3:CV-97-1850.

46 F.Supp.2d 396 (1999)

OMNIPOINT COMMUNICATIONS, INC., Plaintiff, v. Foster TOWNSHIP, Defendant.

United States District Court, M.D. Pennsylvania.

April 30, 1999.

Attorney(s) appearing for the Case

James A. Swetz, Stroudsburg, PA, for plaintiff.

Albert F. Maier, Jr., Freeland, PA, Sean P. McDonough, Kingston, PA, for defendant.

MEMORANDUM

VANASKIE, District Judge.

Plaintiff Omnipoint Communications, Inc. (Omnipoint) filed this action under 42 U.S.C. § 1983 and the Telecommunication Act of 1996, 47 U.S.C. § 332(c)(7), contending that the defendant Foster Township (Foster) improperly denied Omnipoint's request for a special exception to erect a 195 foot monopole on a two-acre lot in a C-1 zoned area. (Dkt. Entry 1. ) In its complaint, Omnipoint sought mandamus relief in...

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