Lakewood Mayor Cara Birrittieri says the State Supreme Court in Mayville has dismissed the challenge by Up State Tower Co. to the village’s local laws regarding where cell towers may be placed in the village, along with a requirement that the developer pay for the village’s cost to review cell tower applications.
Birrittieri said the decision sends a clear message that small villages and towns are not powerless against companies that use litigation as a means to an end.
Village officials have said that cell tower applications are because of the technical nature of the applications and the costs associated with evaluating an application. As a result they wanted to require the associated costs be covered by the applicant.
The case began back in June 2016, when the village adopted a local law regulating the siting of cell towers in the village.