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Industrial Communications and Electronics, Inc v. Town of Alton, New Hampshire

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Before Torruella, Circuit Judge, Souter, *fn1 Associate Justice, and Boudin, Circuit Judge.

BOUDIN, Circuit Judge. David and Marilyn Slade own property in the Town of Alton, New Hampshire (“Alton” or “the Town”). Industrial Communications and Electronics, Inc. (“Industrial Communications”), aims to construct a cell phone tower in Alton for two wireless companies. Claiming that only one site was suitable, Industrial Communications filed an application in September 2005 to construct the tower at 486 East Side Drive in Alton.

The site is “200 feet or less” from the border of Slades’ property and according to the Slades, the tower would “stand[] prominently in the line of sight of the panoramic view . . . of Lake Winnipesaukee and the surrounding mountains” that the Slades currently enjoy from their property. The Slades consider the property’s “stunning views” to be its “most recognizable asset,” and they colorably assert that the construction will cause them economic as well as aesthetic harm by diminishing the property’s value.

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