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Case 1:19-cv-12333 Document 1 Filed 11/13/19 Page 1 of 21 <br /> UNITED STATES DISTRICT COURT. <br /> DISTRICT OF MASSACHUSETTS <br /> CIVIL ACTION NO. <br /> BLUE SKY TOWERS II,LLC ) <br /> d/b/a BSTMA 11,LLC ) <br /> Plaintiff ) <br /> V. ) <br /> TOWN OF MASHPEE, ) <br /> TOWN OF MASHPEE ). <br /> PLANNING BOARD, and ) <br /> MARY WAYGAN, JOSEPH CUMMINGS, ) <br /> JOSEPH CALLAHAN, JOHN PHELAN ) <br /> and DENNIS BALZARINI, ) <br /> as they are members of the PLANNING ) <br /> BOARD OF THE TOWN OF MASHPEE, ) <br /> Defendants. ) <br /> COMPLAINT <br /> Blue Sky Towers II;LLC d/b/a BSTMA 11,LLC ("Blue Sky")hereto brings this complaint under <br /> Section 704 of the Telecommunications Act of 1996, as codified at 47 U.S.C. § 332(c)(7) ("TCA"), for <br /> declaratory judgment and injunctive relief from the denial of the Town of Mashpee Planning Board's <br /> ("Board")denial of Blue Sky's application for a 150-foot monopole telecommunications facility at 101 Red <br /> Brook Road,Mashpee,Massachusetts("Proposed Site"). Blue Sky seeks expedited hearing and relief under <br /> the TCA where the Board's denial prohibits or has the effect of prohibiting the provision of wireless services <br /> within a significant gap in wireless coverage for two(2)national wireless service providers and was wholly <br /> unsupported by substantial evidence in the administrative record. <br /> 1 <br />