The proposed cell tower in Nelsonville, NY has long been the subject of contention and legal wrangling. Earlier this month, United States District Court Judge Vincent Briccetti ruled that federal law does not bar citizens from filing property rights challenges in relation to cell tower projects. As the Highlands Current reports, this will direct the lawsuit in question back into the hands of the Putnam County Supreme Court.
The lawsuit targets the proposed access road to the cell tower rather than the tower itself. The plaintiffs assert that the defendants do not have the right to commandeer the use of private land to establish a road to an approved cell tower site. The defendants include Homeland Towers, AT&T, Verizon Wireless, and the Village of Nelsonville. The cell tower site is located near the Cold Spring Cemetery off Rockledge Road and has no direct access.
Judge Briccetti has faced the parties to this lawsuit before and had a hand in approving construction plans for the 95-foot cell tower. The original access road lawsuit was filed in Putnam County, reported the Highlands Current, though the defendants had lobbied to put the matter back in federal court. Briccetti turned the lawsuit back to the New York court noting in his written decision that the residents’ claims hinge “solely on issues of state law.” The decision denotes an agreement with the residents that the access road is a “right-of-way” matter and not an “easement.”
Although trees were cleared following the approval of the tower site, a temporary restraining order has put a halt to work on the project. Now back under the jurisdiction of the state, there is no word on how long it may take courts to settle the property rights access road dispute.
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