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ATC REALTY, LLC v. TOWN OF KINGSTON, NEW HAMPSHIRE

No. 00-535-JM.

173 F.Supp.2d 118 (2001)

ATC REALTY, LLC and SBA Towers, Inc., v. TOWN OF KINGSTON, NEW HAMPSHIRE.

United States District Court, D. New Hampshire.

November 8, 2001.

Attorney(s) appearing for the Case

Steven E. Grill, Devine, Millimet & Branch, PA, Manchester, NH, for plaintiffs.

Robert D. Ciandella, Donahue, Tucker & Ciandella, Exeter, NH, for defendant.

ORDER

MUIRHEAD, United States Magistrate Judge.

Plaintiffs ATC Realty, LLC and SBA Towers, Inc. (collectively, "SBA/ATC") seek an order directing the Town of Kingston, New Hampshire ("Kingston" or "Town") to issue SBA/ATC all permits and approvals necessary for the construction of 180-foot wireless telecommunications tower on property owned by Heidi J. Heffernan and located at 19 Marshall Road in Kingston (the "Heffernan Site"). SBA/ATC filed the...

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