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PALMER v. CITY OF SARATOGA SPRINGS

No. 1:99-CV-1091(NAM)

180 F.Supp.2d 379 (2001)

Randall J. PALMER, Plaintiff, v. CITY OF SARATOGA SPRINGS & City of Saratoga Springs Planning Board, Defendants.

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

November 29, 2001.

Attorney(s) appearing for the Case

Hinman, Howard & Kattell, LLP (Albert J. Millus, Jr., of counsel), Binghamton, NY, for Plaintiff.

Donohue, Sabo, Varley & Armstrong, P.C. (Kenneth G. Varley, of counsel), Albany, NY, for Defendants.

MEMORANDUM — DECISION AND ORDER

MORDUE, District Judge.

In this case, plaintiff Randall J. Palmer, a licensed amateur radio operator, challenges defendant City of Saratoga Springs Planning Board's decision denying his application for a special use permit to erect a 47-foot radio antenna tower in his back-yard. Palmer principally argues that the Planning Board's denial of his special use permit application contravenes a Federal Communications Commission...

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