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NEW YORK SMSA LTD. PARTNER. v. TOWN OF CLARKSTOWN

No. 00Civ. 3029(CM).

99 F.Supp.2d 381 (2000)

NEW YORK SMSA LIMITED PARTNERSHIP d/b/a Verizon Wireless (f/k/a Bell Atlantic Mobile) and Crown Atlantic Company LLC, Plaintiffs, v. The TOWN OF CLARKSTOWN; The Town of Clarkstown Planning Board; and Adolph Milch, Building Inspector of the Town of Clarkstown, Defendants.

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

May 26, 2000.

Attorney(s) appearing for the Case

Leslie J. Snyder, Snyder & Snyder, Tarrytown, NY, for plaintiffs.

Daniel N. Kraushaar, Nanuet, NY, for Municipal, defendants.

William Harrington, Bleakley Platt & Schmidt, LLP, White Plains, NY, for intervenor-defendant Goosetown.

MEMORANDUM DECISION AND ORDER DENYING PLAINTIFFS' MOTION FOR INJUNCTIVE RELIEF AND GRANTING DEFENDANTS' MOTION FOR SUMMARY JUDGMENT

McMAHON, District Judge.

Plaintiffs, a wireless provider and the builder of its monopole facilities, bring this action pursuant to the Federal Telecommunications Act of 1996, 47 U.S.C. § 332 ("TCA") asking the Court for a mandatory injunction compelling Defendants to issue a permit for Plaintiffs to build a wireless monopole...

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