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· 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 CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.