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  5. 843 F.Supp.2d 236 (2012)
 

NEW CINGULAR WIRELESS PCS, LLC v. TOWN OF FENTON

No. 3:11-CV-510 (ATB).

843 F.Supp.2d 236 (2012)

NEW CINGULAR WIRELESS PCS, LLC, Plaintiff, v. TOWN OF FENTON and Zoning Board of Appeals of Fenton, Defendants.

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

January 4, 2012.

Attorney(s) appearing for the Case

Kevin M. Hogan, Esq., Morgan G. Graham, Esq., and Susan M. Marriott, Esq., for Plaintiff.

Albert J. Millus, Jr., for Defendants.

MEMORANDUM-DECISION AND ORDER

ANDREW T. BAXTER, United States Magistrate Judge.

Presently before the court is plaintiff's motion, pursuant to Rules 52 and 58 of the Federal Rules of Civil Procedure, for, inter alia, a judgment declaring that the defendants violated the Telecommunications Act of 1996 (the "TCA"), 47 U.S.C. § 332, et seq., and New York law, by denying plaintiff's application for a zoning use variance to construct and operate...

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