Court of Appeals of New York

Restrictive covenants intended to preserve the residential character of defendant's neighborhood prevent it from leasing a lot for purposes of siting a wireless telecommunications tower. The town's determination that this site provides the least intrusive means to close a significant gap in personal wireless services does not justify extinguishing the covenants.

Appellate Information

• Decided 02/24/2004
• Published 02/24/2004

Judges

Court

• Court of Appeals of New York

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