Lawsuit Steams Stanly

SHARE THIS ARTICLE

After denying a zoning request that would clear the way for a new cell tower, Stanly County, NC, and its Board of Commissioners are now facing a lawsuit filed by Verizon Wireless. As the Stanly News & Press reports, Verizon, on behalf of subsidiary Cellco Partnership, has challenged the local authority’s right to call a halt to progress.

Verizon contends that a cell tower placed on the McLester Road property would address a coverage gap in the area. Citing the Telecommunications Act of 1996, the plaintiff alleges that efforts to squelch wireless coverage outreach in the area are unlawful. The suit posits that national policy takes precedence, saying, “Federal law and policy favor the rapid development of wireless communication infrastructure in order [to] facilitate providing wireless service to the public.” 

Denying approval of zoning needed to enable the erection of a cell tower without sufficient written notice puts Stanly in violation of Telecommunications legislation, claims Verizon. In its filing, Verizon states that it was “never provided with notice that the Petition was incomplete, deficient or otherwise failed to meet the requirements of the [local] Ordinance” and added that the letter it did receive “does not list any grounds for denial.”

The Stanly County Board of Commissioners has declined to comment on the lawsuit at this time. 

Reader Interactions

Leave a Reply

This site uses Akismet to reduce spam. Learn how your comment data is processed.