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PATTERSON v. OMNIPOINT COMMUNICATIONS, INC.

Civil Action Nos. 99-CV-12336-JLT, 00-CV-10561-JLT.

122 F.Supp.2d 222 (2000)

Randall PATTERSON, et al., Plaintiffs, v. OMNIPOINT COMMUNICATIONS, INC., et al., Defendants. and Randall Patterson, et al., Plaintiffs, v. Zoning Board of Appeals of the Town of Scituate, et al., Defendants.

United States District Court, D. Massachusetts.

November 21, 2000.

Attorney(s) appearing for the Case

Edward J. Collins, Cambridge, MA, for Plaintiffs.

Kenneth I. Spigle, Rosenberg, Freedman & Goldstein, Newton, MA, Barbara J. Saint Andre, Kopelman and Paige, P.C., Boston, MA, for Defendants.

MEMORANDUM

TAURO, District Judge.

I. Introduction

This Memorandum concerns two related actions filed by the same Plaintiffs, ten residents from the neighboring towns of Scituate and Cohasset. The permitting and construction of a wireless communications relay tower ("relay tower") in Scituate, near that town's border with Cohasset, provides the backdrop to both cases. The issue presented is whether a local zoning board must follow state and...

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