Following a lengthy legal battle, Superior Court Judge Paul Wilson has ruled that the 115-foot cell tower is a lawful resident of Martha’s Vineyard. AT&T and the Martha’s Vineyard Commission had faced a challenge from Robert and Dana Strayton who questioned the legality of erecting the structure near their Massachusetts seaside home. After examining all of the evidence presented, Judge Wilson has dismissed the case, reports the MV Times.
The Straytons’ arguments, rules the judge, were based on “speculative person opinion,” specifically, “speculation rather than fact,” Wilson determined. The dismissal was a result of the court failing to recognize the plaintiffs as aggrieved parties suffering from a ruined view. The Judge quoted a recent Supreme Court case noting, “It is well-established…that diminution in value itself is not an interest protected by zoning laws.” Concerns about the tower being in danger of falling were likewise dismissed as “speculative.”
Following previously established legal guidelines, charges that the cell tower was imperiling Mr. Strayton’s health with dangerous EMF radiation were also dismissed. Wilson reminded the court that federal law does not permit a challenge on the basis of nebulous, unproven medical claims.
Inside Towers previously reported the Martha’s Vineyard site was selected, in the words of RF engineer, Dan Goulet, because, “That site substantially fills-in the coverage gap that was on Chappaquiddick.” Goulet also confirmed the cell tower was in compliance with FCC safety standards.
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