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OMNIPOINT COMMUNICATIONS, INC. v. TOWN OF LAGRANGE

No. 08 Civ. 2201(CM)(GAY).

658 F.Supp.2d 539 (2009)

OMNIPOINT COMMUNICATIONS, INC., d/b/a T-Mobile, and Omnipoint N.Y. MTA License, LLC, Plaintiffs, v. TOWN OF LaGRANGE, Town of LaGrange Zoning Board of Appeals, Town of LaGrange Planning Board, and Town of LaGrange Zoning and Building Department, Defendants.

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

August 31, 2009.

Attorney(s) appearing for the Case

Gabriel Mark Nugent, Jon Patrick Devendorf, Hiscock & Barclay, LLP, New York, NY, John Donald Cook, Hiscock & Barclay, LLP, Syracuse, NY, for Plaintiffs.

Rebecca Ann Valk, Van Dewater & Van Dewater, LLP, Poughkeepsie, NY, for Defendants.

DECISION AND ORDER GRANTING IN SUBSTANTIAL PART AND DENYING IN ONE PART PLAINTIFFS' MOTION FOR PARTIAL SUMMARY JUDGMENT AND DENYING IN SUBSTANTIAL PART AND GRANTING IN ONE PART DEFENDANTS' CROSS-MOTION FOR SUMMARY JUDGMENT AND DIRECTING THE ENTRY OF A PERMANENT INJUNCTION

McMAHON, District Judge.

Under the Telecommunications Act of 1996, 110 Stat. 56, 47 U.S.C. § 332 (hereinafter "TCA"), Congress expressed a desire to provide "for a pro-competitive...

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