Industrial Tower and Wireless, LLC v. Haddad et al
| Industrial Tower and Wireless, LLC |
| David Haddad, Kimberly Bielan, Matthew McNamara, Patricia Johnson and Zoning Board of Appeals of the Town of Falmouth |
| 1:2014cv13276 |
| August 15, 2014 |
| US District Court for the District of Massachusetts |
| Boston Office |
| Plymouth |
| Nathaniel M. Gorton |
| Other Statutory Actions |
| 47 U.S.C. ยง 332 |
| None |
Follow case documents by RSS
Available Case Documents
The following documents for this case are available for you to view or download:
| Document Text |
|---|
Filing
37
Judge Allison D. Burroughs: MEMORANDUM AND ORDER entered granting 23 Motion for Summary Judgment. "...For the foregoing reasons, ITWs Motion for Summary Judgment [ECF No. 23] is ALLOWED as to Counts I and II of the Complaint. The ZBAs July 29 , 2014 Decision denying ITWs Application for a Special Permit is hereby VACATED on the grounds that it violates the Federal Telecommunications Act of 1996, 47 U.S.C. § 332(c)(7)(B), subsections (i)(II) and (iii). The Court further ORDERS that, w ithin forty-five (45) days from the issuance of this Order, the Defendant members of the Zoning Board of Appeals for the Town of Falmouth shall issue all necessary permits allowing ITW to construct and operate the Proposed Facility, in accordance with ITWs application and plans therefore.The Clerk is directed to enter Judgment for the Plaintiff on Counts I and II of the Complaint in accordance with Federal Rule of Civil Procedure 58.SO ORDERED." (Folan, Karen)
|
Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.
Access this case on the Massachusetts District Court's Electronic Court Filings (ECF) System
- Search for Party Aliases
- Associated Cases
- Attorneys
- Case File Location
- Case Summary
- Docket Report
- History/Documents
- Parties
- Related Transactions
- Check Status
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
