United States First Circuit

In a suit claiming violations of the Telecommunications Act of 1996, against the town's Zoning Board of Appeals and the conservation commission, arising from the denial of an application to secure permits and regulatory approval to construct a 140-foot cellular phone tower, the judgment of the district court is affirmed in part as to the decisions regarding plaintiff's substantial evidence claims against the Board and the commission, given the deference due to the decisions of a local regulatory body under the substantial evidence rubric. However, the district court's grant of summary judgment in favor of the defendants on the effective prohibition claims is vacated and remanded as the court did not adequately address plaintiff's evidence supporting its claim against the Board and completely failed to address the claim against the commission.

Appellate Information

• Decided 08/09/2012
• Published 08/09/2012

Judges

Court

• United States First Circuit

Counsel