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METROPCS NEW YORK, LLC v. CITY OF MOUNT VERNON

No. 09 Civ. 8348 (SCR).

739 F.Supp.2d 409 (2010)

METROPCS NEW YORK, LLC, Plaintiff, v. The CITY OF MOUNT VERNON and the City of Mount Vernon Planning Board, Defendants.

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

July 22, 2010.

Attorney(s) appearing for the Case

Andrew P. Schriever, Anthony B. Gioffre, Christopher B. Fisher, Brian Patrick Galligan, Cuddy & Feder LLP, White Plains, NY, for Plaintiff.

Hina Sherwani, City of Mt. Vernon-Corporation Counsel, Mt. Vernon, NY, for Defendants.

OPINION AND ORDER

STEPHEN C. ROBINSON, District Judge:

The Plaintiff in this case, MetroPCS, is suing the City of Mount Vernon for violations of the Telecommunications Act (TCA) of 1996, 47 U.S.C. § 332(c)(7)(B), New York State and local law by denying MetroPCS's wireless facility application and illegally assessing filing fees and consulting fees against MetroPCS. Specifically, MetroPCS claims that the City of Mount Vernon (1) denied MetroPCS's applications...

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