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T-MOBILE NORTHEAST LLC v. TOWN OF ISLIP

No. 10-CV-692 (ADS)(WDW).

893 F.Supp.2d 338 (2012)

T-MOBILE NORTHEAST LLC, Plaintiff, v. The TOWN OF ISLIP and the Planning Board of the Town of Islip, Defendants.

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

September 21, 2012.

Attorney(s) appearing for the Case

Re, Nielson, Huber & Coughlin, LLP, by: John Coughlin, Esq., Lawrence C. Re, Esq., of Counsel, Huntington, NY, Snyder & Snyder, LLP, by: Megan F. Carroll, Esq., of Counsel, Tarrytown, NY, for Plaintiff.

Rosenberg Calica & Birney LLP, by: Edward M. Ross, Esq., Judah Serfaty, Esq., of Counsel, Garden City, NY, for Defendants.

MEMORANDUM OF DECISION AND ORDER

SPATT, District Judge.

In this case, the plaintiff T-Mobile Northeast LLC ("T-Mobile") alleges that the Town of Islip ("the Town") and the Planning Board of the Town of Islip ("the Board" and together with the Town, "the Defendants") denied its request for a special use permit to construct a public utility wireless telecommunication facility, in violation of the Telecommunications Act of 1996 (the "TCA"), 47 U.S.C. §...

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