Appeals Court Upholds Judgment For Prince Lobel Wireless Client Massachusetts Lawyers Weekly
November 9, 2009
Prince Lobel’s client, a wireless carrier, applied to the Cranston, RI Zoning Board of Review for a variance and special use permit to build a wireless communications tower to remedy a significant gap it found in its coverage. The Zoning Board of Review denied the carrier’s application.
After a trial in the United States District Court for the District of Rhode Island, the trial judge found that the Cranston Zoning Board of Review had violated the Telecommunications Act of 1996 by effectively prohibiting the provision of wireless services in Cranston. The city of Cranston appealed the decision and the 1st Circuit Court of Appeals upheld the lower court’s decision.
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