Barclay Damon
Barclay Damon

Barclay Damon wins summary judgment regarding a wrongful denial under Telecommunications Act of 1996

Barclay Damon represented a major wireless telecommunications carrier in the Southern District of New York in an action under both the Telecommunications Act of 1996 and New York State Law regarding the wrongful denial of an application to co-locate antennas on an existing cell tower. In Omnipoint Communications, Inc. d/b/a T-Mobile vs. Town of LaGrange the Court granted the plaintiff’s summary judgment motion in a strongly worded decision in which the Court noted that “the Town as a whole, through its various Boards and Departments, has engaged in a lengthy and concerted effort to prevent, or at least delay as long as possible, T-Mobile from eliminated the uncontroverted coverage gap.” Further, the Court noted it would not grant any stay from its injunction to allow for an appeal. “In the Court's opinion, any appeal from the permanent injunction that will be entered on the basis of this opinion would be frivolous, and [the Court] is not prepared to participate in further delay in the co-location of T-Mobile's antennas.”

 

For More Information on Barclay Damon's Telecommunications Practice Area:

Jeffrey Davis

p: 315-425-2823

f: 315-703-6233

icon_emailjdavis@barclaydamon.com

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