T-Mobile Northeast LLC v. The Town of Barnstable, No. 19-2121 (1st Cir. 2020)
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The First Circuit affirmed the decision of the district court denying two local residents' (Appellants) motion to intervene in an action brought T-Mobile Northeast LLC pursuant to the Telecommunications Act of 1996, holding that the district court neither erred nor abused its discretion in denying the motions to intervene.
T-Mobile sought to operate a wireless telecommunications facility in an existing church steeple in a community in Cape Cod. When T-Mobile was unsuccessful in obtaining the required municipal permissions it sued the Town of Barnstable, two of its agencies, and several municipal officials. Appellants moved to intervene on the grounds that they were abutting landowners who had a stake in the outcome of the case. The district court summarily refused the requests for intervention. The First Circuit affirmed, holding that the district court did not abuse its discretion in denying Appellant's motions to intervene.
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