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AT & T WIRELESS PCS, INC. v. TOWN OF PORTER

No. 2:99 CV 463.

203 F.Supp.2d 985 (2002)

AT & T WIRELESS PCS, INC., Plaintiff v. TOWN OF PORTER Defendant

United States District Court, N.D. Indiana, Hammond Division.

March 21, 2002.

Attorney(s) appearing for the Case

Thomas J. Brunner, Jr., Baker and Daniels, South Bend, IN, Alison G. Fox, Baker and Daniels, Gregory H. Furda, Sidley & Austin, Chicago, IL, Joel E. Hammerman, Sidley Austin Brown and Wood, Chicago, IL, for Plaintiff.

Rehana R. Adat, Spangler Jennings and Dougherty PC, Merrillvile, IN, Edward W. Hern, Sprangler Jennings and Dougherty PC, Valparaiso, IN, for Defendant.

William R. Kirschner, U.S. Department of Justice, Federal Programs Branch, Civil Division, Washington, DC, for Intervenor.

ORDER

MOODY, District Judge.

Plaintiff AT & T Wireless PCS, Inc. ("AT & T") brings this action pursuant to 47 U.S.C. § 332(c)(7)(B)(v), a provision of the Telecommunications Act of 1996 (the "TCA" or simply the "Act"), seeking injunctive relief requiring defendant the Town of Porter, Indiana, ("Porter"), to grant a zoning variance allowing AT & T to construct a telecommunications facility (a 190' tall monopole tower) at a site in...

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