· 3/22/2011
T-Mobile Northeast LLC v. Inc. Village of East Hills
Citations
- 779 F. Supp. 2d 256
- 2011 U.S. Dist. LEXIS 29811
- 2011 WL 1102759
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- concluding that a gap in an area measuring “approximately 1.145 miles [by] 1.704 miles” was significant
- concluding that ZBA’s rejection of expert testimony and photo simulations in favor of photographs submitted by community members was not supported by substantial evidence of aesthetic impact
- relying on affidavits prepared by one of the plaintiffs RF engineers, two propagation maps, test data, and testimony of the plaintiffs RF engineers to conclude that a gap in the area measuring “approximately 1.145 miles [by] 1.704 miles” was significant
- “Although the TCA does not specify a remedy for violations of [this] subsection ... the majority of district courts that have heard these cases have held that the appropriate remedy is injunctive relief in the form of an order to issue the relevant permits.”
Source: CourtListener parenthetical corpus (CC0).
Judges: Feuerstein, Boyle
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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