Maryland Beach Resort Seeks to Dismiss Crown Castle Suit

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UPDATE The town of Ocean City, MD filed a motion last week to dismiss a civil suit concerning its denial of proposed small cell sites in uptown residential neighborhoods. It asserts the “no” decision was not a denial of a formal application from a telecom company.

Crown Castle applied in June to install three small cell towers in the north end of town. Crown Castle has wireless facilities in other parts of the resort and contracts with providers such as Verizon to provide hardware, according to mdcoastdispatch.  

The Mayor and City Council voted 4-3 in June to tacitly deny Crown Castle’s request for the three locations. In July, Crown Castle filed a complaint in federal court, seeking an expedited review of the case, declarations and judgments that the town’s denial is not supported by the evidence. It also sought an order to require Ocean City to grant the applications to install and operate the three facilities in the residential areas.

The town filed a motion to dismiss the case last week. The town claims the request from Crown Castle was not a formal application, but rather a move to see if resort officials could approve the proposed sites before moving forward with design and engineering of the small cells, according to mdcoastdispatch. Ocean City says that makes Crown Castle’s federal suit moot. 

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