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Phillips & Angley Win TCA Case Against the Falmouth ZBA

On May 18, 2015, the United States District Court for the District of Massachusetts, Burroughs, J., issued its Memorandum and Order on Plaintiff's Motion for Summary Judgment, allowing summary judgment to enter for P & A's client, Industrial Tower & Wireless, LLC ("ITW"), and ordering the Defendant Zoning Board of Appeals of the Town of Falmouth, "within forty-five (45) days" to "issue all necessary permits allowing ITW to construct and operate" its proposed telecommunications facility in Falmouth, MA. See Industrial Tower and Wireless, LLC v. Haddad, 2015 WL 2365560, at *17 (D. Mass. 2015).

In her decision, Judge Burroughs agreed with ITW on both of its claims under the Federal Telecommunications Act of 1996 (the "TCA"): that the Falmouth ZBA's decision denying ITW a special permit violated the TCA because it (1) "applied the wrong legal standard," as "its reasons for denying ITW's application [we]re grounded in the TCA, and not in the local Bylaw", and thus "was not supported by substantial evidence" as required by 47 U.S.C. § 332(c)(7)(B)(iii); and (2) had "the effect of prohibiting the provision of personal wireless services in violation of the TCA, 47 U.S.C. § 332(c)(7)(B)(i)(II)." Id., at 11, 13. Thus, the court took the somewhat unusual step of ordering the entry of summary judgment on both counts of ITW's complaint, success on either of which would have compelled judgment in ITW's favor. See id., at 13 ("[a]lthough ITW would be entitled to summary judgment on the issue of 'substantial evidence' alone, there is an additional and alternative ground for allowing ITW's Motion for Summary Judgment and ordering the requested relief").

ITW's summary judgment motion was argued before Judge Burroughs by Jeffrey T. Angley, Esq., of Phillips & Angley, on April 28, 2015.

Copyright (c) 2011-2015 by Jeffrey T. Angley, P.C. All rights reserved.

Disclaimer: The information contained in this post is general in nature and for educational purposes only. No personal legal advice is being provided. If you have an actual legal issue that needs to be addressed, you should seek the advice of competent legal counsel. This post does not create an attorney-client relationship between the reader and Jeffrey T. Angley, P.C., Phillips & Angley or their attorneys.

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