In a recent case at New York, a request by T-Mobile for the placement of a new cell tower, denied by the local zoning board, was affirmed by the trial court under the terms of the federal Telecommunications Act. Interestingly, the denial was based in significant part on the aesthetics of the cell tower, and the court accepted that rationale and affirmed the decision of the zoning board. Take a look at the case,
T-Mobile v Town of Islip, 2012 WL 4344172 (ED NY 2012).
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