ExteNet Wins Small-Cells Case Against NY Village
A New York village must grant ExteNet’s small-cells application, ruled U.S. District Court in Central Islip, New York. Briefs by Plandrome “are rich in heated invective but poor in supporting facts or law,” Judge Gary Brown wrote (in Pacer, case…
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2:19-cv-07054) Wednesday. “Defendants’ indignant tirade is particularly unbecoming given that ... it was plaintiff who engaged in good faith in a particularly arduous and drawn-out application review process for over a year, only to have its application denied on mere pretense.” Plandrome placed a 12-month moratorium on approving telecom facility applications in July 2017, then in September 2018 imposed requirements on applicants including on aesthetics, recounted the order. At 2019 hearings, residents raised concerns about aesthetics and RF safety, with some board members indicating they shared RF concerns, Brown said. The company agreed to four extensions requested by the village, with the last until Nov. 18, 2019, when at a hearing the board unanimously denied an application for eight nodes, he said. It unanimously denied two more in January 2020. “None of the Board’s findings are supported by substantial evidence,” Brown ruled: ExteNet showed a gap in service and that proposed facilities would remedy it with minimal community impact. The municipality didn't comment.