The plaintiff, New Cingular Wireless (“AT&T”), challenged the Town’s denial of its permit alleging violation of the Telecommunications Act of 1996 (TCA) because the zoning board did not support their decision to deny the two taller proposed tower heights of 115 and 150 feet by substantial evidence. AT&T sought a court order requiring the zoning board to permit a tower the height of 120 feet, instead of the 100 foot tower authorized by the board through an area variance to the setback requirement. The United States District Court for the District of New Hampshire found that the zoning board’s decision was based on substantial evidence in the record.
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