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OMNIPOINT COMMUNICATIONS, INC. v. VILLAGE OF TARRYTOWN PLANNING BD.

No. 03 CIV. 6344(CM).

302 F.Supp.2d 205 (2004)

OMNIPOINT COMMUNICATIONS, INC. and, Omnipoint Facilities Network 2, LLC, Plaintiffs, v. The VILLAGE OF TARRYTOWN PLANNING BOARD, Chairman Stanley Friedlander, Bruce Carlino, Annette Fago, Henry Rissmeyer, Ron Tedesco and Zubeen Shroff, Constituting the past and present Planning Board, and Richard Fon, Building Inspector, Defendants.

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

January 16, 2004.

Attorney(s) appearing for the Case

Michael W. Peters, Leboeuf, Lamb, Greene & MacRae, Albany, NY, for Plaintiffs.

Darius Patrick Chafizadeh, Kevin J. Plunkett, Thacher, Proffitt & Wood, Karen A. Jockimo, Boeggeman, George, Hodges & Corde, P.C., Richard G. Corde, Boeggeman, George, Jannace & Hodges, P.C., White Plains, NY, for Defendants.

MEMORANDUM DECISION AND ORDER GRANTING PLAINTIFF'S MOTION FOR PARTIAL SUMMARY JUDGMENT

McMAHON, District Judge.

Omnipoint Communications, as agent for Omnipoint Facilities Network 2, LLC ("Omnipoint") seeks preliminary and permanent injunctive relief enjoining the Village of Tarrytown Planning Board ("Planning Board") from withholding permits and approvals for the installation and operation of a Wireless Telecommunications Service Facility ("WTSF") in the...

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