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NEXTEL COMMUNICATIONS OF MID-ATLANTIC, INC. v. TOWN OF HANSON

No. CIV.A. 00-11417-DPW, CIV.A. 03-12563-DPW.

311 F.Supp.2d 142 (2004)

NEXTEL COMMUNICATIONS OF THE MID-ATLANTIC, INC., d/b/a Nextel Communications, Plaintiff v. THE TOWN OF HANSON, the Town of Hanson Zoning Board of Appeals, and Gaytha Wallace, David Nagle and Steven De Dominici, in their capacities as Members of the Town of Hanson Zoning Board of Appeals, and the State Building Code Appeals Board, Defendants; Steven DeFrancesco and Susan DeFrancesco, Putative Intervenors. Nextel Communications of the Mid-Atlantic, Inc., d/b/a Nextel Communications, Plaintiff v. The Town of Hanson, Massachusetts, and the Massachusetts State Board of Building Regulations and Standards, Defendants; Steven DeFrancesco and Susan DeFrancesco, Putative Intervenors.

United States District Court, D. Massachusetts.

March 26, 2004.

Attorney(s) appearing for the Case

Joel B. Bard, Kopelman & Paige, PC, Boston, MA, for The Town of Hanson Zoning Board of Appeals, Town of Hanson, David Nagle, Gaytha Wallace, Steven De Dominici, Defendants.

James S. Dittmar, Goodwin Procter LLP, Boston, MA, for Hirschfeld Communications LLC, Marston Realty Trust, Steven DeFrancesco, Movants.

Katharine Goree Doyle, Kopelman & Paige, PC, Boston, MA, for The Town of Hanson Zoning Board of Appeals, Town of Hanson, David Nagle, Gaytha Wallace, Steven De Dominici, Defendants.

Anthony M. Feeherry, Goodwin Procter, LLP, Boston, MA, for Hirschfeld Communications LLC, Marston Realty Trust, Steven DeFrancesco, Movants.

Steven E. Grill Devine, Millimet & Branch, Manchester, NH, for Nextel Communications of the Mid-Atlantic, Inc., Plaintiff.

John R. Hitt, Attorney General's Office, Boston, MA, for State Building Code Appeal Board, Defendant.

Paul J. Moriarty, Norwell, MA, for S. DeFrancesco, Interested Party.

Kenneth J. Rossetti, Tarlow, Breed, Hart, Murphy & Rodgers, Boston, MA, for Nextel Communications of the Mid-Atlantic, Inc., Plaintiff.

MEMORANDUM AND ORDER

WOODLOCK, District Judge.

At issue in these two closely related actions are the scope and enforceability of an April 19, 2001 consent order issued by this court in the first action, directing the Town of Hanson, its Zoning Board of Appeals ("ZBA"), and the ZBA's members (collectively, "the Town" or "Hanson") to issue a special zoning permit for Nextel's proposed wireless telecommunications tower. The Town issued the special...

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