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TELECORP REALTY, LLC v. TOWN OF EDGARTOWN

Civil Action No. 99-11673-JLT.

81 F.Supp.2d 257 (2000)

TELECORP REALTY, LLC, Plaintiff, v. The TOWN OF EDGARTOWN, The Town of Edgartown Planning Board and Norman Rankow, Alan Wilson, Kenneth A. Southworth, Paul Brewster and Michael Donaroma, as they are members of the Town of Edgartown Planning Board, Defendants.

United States District Court, D. Massachusetts.

January 18, 2000.

Attorney(s) appearing for the Case

Peter B. Morin, McDermott, Quilty & Miller LLP, Boston, MA, for Telecorp Realty LLC.

Ronald H. Rappaport, Jason R. Talerman, Reynolds Rappaport & Kaplan, Edgartown, MA, Douglas I. Louison, Merrick and Louison, Boston, MA, Patrick J. Costello, Merrick, Louison & Costello, Boston, MA, for The Town of Edgartown, Massachusetts, Town of Edgartown Planning Board.

Douglas I. Louison, Merrick and Louison, Boston, MA, Patrick J. Costello, Merrick, Louison & Costello, Boston, MA, for Norman Rankow, Alan Wilson, Kenneth Southworth, Paul Brewer, Michael Donaroma.

MEMORANDUM

TAURO, Chief Judge.

Plaintiff moves pursuant to Fed.R.Civ.P. 65(a) for entry of a preliminary injunction requiring Defendants to issue a special permit and a building permit allowing the installation of telecommunications antennae on an existing guyed tower located in Edgartown, Massachusetts, arguing that the denial of the application for a special permit violates section 704 of the Federal Telecommunications Act of 1996, 47 U.S.C. §...

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