· 7/18/2002
National Tower, LLC v. Plainville Zoning Board of Appeals
Citations
- 297 F.3d 14
- 2002 U.S. App. LEXIS 14465
- 2002 WL 1544422
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- explaining that a plaintiff must allege that each defendant personally 21 participated in the conduct alleged to have violated his constitutional rights
- observing that effective prohibition claim “present[s] questions that a federal district court determines in the first instance without any deference to the board”
- agreeing that a “non-contiguous” gap satisfied the first element of an effective-prohibition claim
- stating that “a board will not ordinarily receive a second chance”
- finding proper remedy for TCA violations in most cases to be order instructing board to authorize construction
- finding proper remedy for TCA violations in most cases to be order instructing board to authorize construction
Source: CourtListener parenthetical corpus (CC0).
Judges: Selya, Lynch, Howard
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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