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INDUSTRIAL COMMUNICATIONS & ELECT. v. O'ROURKE

Civil Action No. 05-12320-WGY.

582 F.Supp.2d 103 (2008)

INDUSTRIAL COMMUNICATIONS & ELECTRONICS, INC., Plaintiff, v. James O'ROURKE, Arthur Gagnon and John Rosa as they are members of the Town of Somerset Zoning Board of Appeals, Defendants.

United States District Court, D. Massachusetts.

October 16, 2008.

Attorney(s) appearing for the Case

Clement Brown, Horvitz & Brilhante LLP, Fall River, MA, for Defendants.

MEMORANDUM AND ORDER

YOUNG, District Judge.

I. INTRODUCTION

In 2005 Industrial Communications and Electronics, Inc1. ("Industrial") brought this action challenging the denial by the defendant Town of Somerset Zoning Board of Appeals ("ZBA") of its special permit application to install a telecommunications tower. Industrial sought relief pursuant to the Telecommunications...

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