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NEXTEL PARTNERS, INC. v. TOWN OF AMHERST, NY

No. 02-CV-6483 CJS(F).

251 F.Supp.2d 1187 (2003)

NEXTEL PARTNERS, INC., Plaintiff, v. TOWN OF AMHERST, N.Y. and Zoning Board of Appeals of the Town of Amherst, New York, Defendants.

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

March 4, 2003.

Attorney(s) appearing for the Case

Karl S. Essler, Fix Spindelman Brovitz & Goldman, P.C., Rochester, NY, for the Plaintiff.

E. Thomas Jones, J. Matthew Plunkett, Deputy Town Attorney, Town of Amherst, Williamsville, NY, for the Defendants.

DECISION AND ORDER

SIRAGUSA, District Judge.

Before the Court is plaintiffs motion (docket # 7) for summary judgment on its complaint (docket # 1), which alleges that defendants have violated the Telecommunications Act of 1996 and state law by failing to permit Nextel Partners, Inc. ("Nextel") to add cellular telephone antennae to an existing guyed tower in the Town of Amherst, New York ("Town"). For the reasons stated below, the Court grants Nextel's motion...

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