Second Generation Properties, L.P. v. Town of Pelham

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• holding that the provider failed to show that other potential solutions, such as a taller tower or a site in another jurisdiction, could not cover the gap in services
• listing the range of possible solutions that the provider failed to demonstrate were not technically feasible
• rejecting the “any service equals no effective prohibition” rule to focus on the consumer’s need for service by its particular provider
• reviewing case law of other circuits, legislative history, and policies behind Telecommunications Act
• “an instance in which the district court reviewed the record developed by the Board and provided more detail than did the Board in its decision . . . is entirely in accordance with the [TCA]”

Source: CourtListener parenthetical corpus (CC0).