[DOWNLOAD] "Town of Deerfield v. United States" by United States Court of Appeals for the Second Circuit " eBook PDF Kindle ePub Free

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eBook details

• Title: Town of Deerfield v. United States
• Author : United States Court of Appeals for the Second Circuit
• Release Date : January 27, 1993
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 69 KB

Description

KEARSE, Circuit Judge : This controversy, which centers on the installation by intervenor Joseph A. Carino of a satellite-dish antenna in his backyard in the Town of Deerfield, New York (""Deerfield""), in violation of a Deerfield zoning ordinance, returns to this Court following a sequence of state-court, federal-court, and administrative-agency adjudications. Petitioner Deerfield seeks review of an order of respondent Federal Communications Commission (""FCC"" or ""Commission"") holding, at the behest of Carino, that the Deerfield ordinance was preempted by a regulation of the FCC. See In re Preemption of Satellite Antenna Zoning Ordinance of Town of Deerfield, New York, 7 F.C.C.R. 2172 (1992). In support of its petition for review, Deerfield contends principally (1) that because courts of competent jurisdiction had ruled in cases brought by Carino that the FCC regulation did not preempt Deerfield's ordinance, principles of collateral estoppel barred the FCC from ruling that its regulation did preempt the Deerfield ordinance, and (2) that even if principles of collateral estoppel did not apply, the FCC's ruling was arbitrary and capricious.

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