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MERRICK GABLES ASS'N, INC. v. TOWN OF HEMPSTEAD

No. 09-CV-4415 (ADS)(WDW).

691 F.Supp.2d 355 (2010)

MERRICK GABLES ASSOCIATION, INC., John Stadlmeyer, Nikolaos Takmopoulos, Dorothy Kravitz, Plaintiffs, v. The TOWN OF HEMPSTEAD, NextG Networks, Inc., NextG Networks of NY, Inc., Metro PCS Corp., Metro PCS Wireless, Inc., Metro PCS 144, Inc., Defendants.

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

March 10, 2010.

Attorney(s) appearing for the Case

Glenn L. Stephenson P.C., Seaford, NY, for Plaintiffs.

Berkman, Henoch, Peterson & Peddy PC, by Leslie R. Bennett, Esq., of counsel, Garden City, NY, for Town of Hempstead.

Davis, Wright & Tremaine, by Lacy H. Koonce, Esq., Leslie G. Moylan, Esq., T. Scott Thompson, Esq., Victor Day Hendrickson, Esq., of counsel, New York, NY, for NextG Networks, Inc. and NextG Networks of NY, Inc.

Cuddy & Feder LLP, by Andrew P. Schriever, Esq., of counsel, White Plains, NY, for Metro PCS Corp., Metro PCS Wireless, Inc. and Metro PCS 144, Inc.

MEMORANDUM OF DECISION AND ORDER

SPATT, District Judge.

This lawsuit was brought by a homeowners' association and several residents of Merrick, New York, against the Town of Hempstead ("Hempstead"), NextG Networks, Inc., NextG Networks of NY, Inc. ("NextG"), Metro PCS Corp., Metro PCS Wireless, Inc. and Metro PCS 144, Inc. ("Metro PCS") (collectively "the Defendants"). The Plaintiffs' amended complaint asserts causes of action for an unconstitutional...

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