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VERTEX TOWER ASSETS, LLC v. TOWN OF CANTON

No. 23-cv-10476-PGL.

731 F.Supp.3d 174 (2024)

VERTEX TOWER ASSETS, LLC, Plaintiff, v. TOWN OF CANTON; Town of Canton Zoning Board of Appeals, and Gregory Pando, Michael Khoury, and John McCourt in their capacity as Members of the Zoning Board of Appeals, Defendants.

United States District Court, D. Massachusetts.

Signed April 24, 2024.

Attorney(s) appearing for the Case

Francis D. Parisi, Parisi Law Associates, P.C., Providence, RI, Philip B. Posner, Philip B. Posner, Attorney at Law, Concord, MA, for Plaintiff.

Noemi A. Kawamoto, Brooks & Derensis, P.C., Boston, MA, for Defendants.

MEMORANDUM AND ORDER ON CROSS-MOTIONS FOR SUMMARY JUDGMENT

As the Supreme Court has noted, the federal Telecommunications Act of 1996 ("the Act" or "the TCA") "was an unusually important legislative enactment," whose "primary purpose was to reduce regulation and encourage...

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