Fed. Dist. Court in NY Overturns Planning Board’s Denial of Cellular Tower Finding Board’s Reasons for Denial Meritless

 

REad Prof. Salkin’s complete article here:

Fed. Dist. Court in NY Overturns Planning Board’s Denial of Cellular Tower Finding Board’s Reasons for Denial Meritless.

Cellco Partnership v. Town of Colonie, 2011 WL 5975028 (U.S.D.C, N.D.N.Y. 11/28/2011)

 To disguise the cellular tower, the equipment was entirely enclosed by constructing a sixty foot bell-tower, resulting in a permanent physical improvement to the church.  Thus, the cellular tower would be camouflaged-wholly invisible to the public-and the tower would permanently enhance the church, even if the cellular operation ceased.

The opinion can be accessed at:http://docs.justia.com/cases/federal/district-courts/new-york/nyndce/1:2010cv00581/80878/27/0.pdf?1322573313

 

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