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  5. 164 F.Supp.2d 280 (2001)
 

SBA COMMUNICATIONS v. ZONING COM'N OF FRANKLIN

No. 3:00CV810.

164 F.Supp.2d 280 (2001)

SBA COMMUNICATIONS, INC. v. ZONING COMMISSION OF THE TOWN OF FRANKLIN

United States District Court, D. Connecticut.

July 19, 2001.

Attorney(s) appearing for the Case

J. Daniel Sagarin, Margaret E. Haering, John W. Knuff, Hurwitz & Sagarin, Milford, CT, for SBA Communications, Inc, plaintiff.

Stephen P. Fogerty, Robert Avery Rhodes, Halloran & Sage, Westport, CT, Ronald F. Ochsner, Berberick, Murphy & Whitty, Norwich, CT, for Franklin Planning & Zoning Comm, defendant.

RULING ON MOTION FOR SUMMARY JUDGMENT

NEVAS, District Judge.

This action is an appeal by SBA Communications, Inc. ("SBA") of a decision rendered by the Town of Franklin's Zoning Commission (the "Commission") which denied SBA's application for a special permit to construct a personal wireless telecommunications facility in Franklin. SBA seeks a declaratory judgment that the Commission violated §...

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