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SPRINT SPECTRUM L.P. v. BOARD OF ZON. APP., OF TOWN OF BROOKHAVEN

No. 01-CV-4508(ADS)(ETB).

244 F.Supp.2d 108 (2003)

SPRINT SPECTRUM L.P., Plaintiff, v. The BOARD OF ZONING APPEALS OF the TOWN OF BROOKHAVEN, Defendant.

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

February 5, 2003.

Attorney(s) appearing for the Case

Munley, Meade, Nielsen & Re, by Denise Wagner, Esq., Of Counsel, Huntington, NY, for Plaintiff.

Town Attorney of Brookhaven, by Assistant Town Attorney Barbara M. Wiplush, Medford, NY, for Defendant.

Michael Kaufman, Esq., St. James, NY, Amicus Curiae on behalf of the Residents of Sage Brush Court, Setauket, NY.

MEMORANDUM OF DECISION AND ORDER

SPATT, District Judge.

In this case, the plaintiff Sprint Spectrum L.P. ("Sprint" or the "plaintiff) alleges that the Board of Zoning Appeals of the Town of Brookhaven (the "BZA" or the "defendant") denied its request for a special use permit to build a 60-foot monopole in East Setauket located in the Town of Brookhaven, New York (the "Town"), in violation of the Telecommunications Act of 1996 (the "TCA"), 47 U.S.C. §...

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