United States First Circuit

In plaintiff-wireless carrier's case against a city, the city's zoning board, and some of its members for denying a variance and special use permit to build a wireless communications tower in the city, judgment in favor of plaintiff is affirmed as the zoning board's decision was a final action for purposes of section 332(c)(7)(B) of the Telecommunications Act, and as such, the court did not err in finding that the zoning board's decision had the effect of prohibiting the provision of personal wireless services.

Appellate Information

• Decided 11/03/2009
• Published 11/03/2009

Judges

• LYNCH, Chief Judge., Before LYNCH, Chief Judge, GAJARSA  and LIPEZ, Circuit Judges.

Court

• United States First Circuit

Counsel

• For Appellant:
  
• Jeffrey S. Michaelson with whom Michaelson & Michaelson were on brief for appellants.


• For Appellees:
  
• William A. Worth with whom Thomas M. Elcock and Prince, Lobel, Glovsky & Tye LLP were on brief for appellees.