Cape Elizabeth Lawsuit to go to Federal Court

The lawsuit between Verizon and Cape Elizabeth, Maine, will now be heard in Federal Court. The dispute began when Verizon’s application to build a new tower was denied by the Code Enforcement Officer. Last June, Verizon requested reconsideration but was denied by the Zoning Board, and filed a lawsuit in July with the U.S. District Court of Portland. Verizon believes they should be allowed to place an antenna atop a 69-year old water tower without hindrance from the zoning board or other ordinances. The company cited the federal Spectrum Act, which says a municipality cannot deny any eligible facilities request for a modification of an existing wireless tower or base station that doesn’t change the physical dimensions on such tower or base station. The U.S. District Court denied Cape Elizabeth’s argument that the federal court shouldn’t review the case because it’s a town issue, and the town has until March 3 to file a response. The court also allowed three neighbors to intervene in the case because they live nearby to the proposed structure. Even though some neighbors are against the tower, there is an online petition with 180 signatures supporting Verizon’s request. The paperwork required for the case must be submitted by May or June, and then the judge will be able to hear the case and make a decision.