UPDATE When the Martha’s Vineyard Commission (MVC) approved a Chappaquiddick, MA cell tower in 2017, members could not have foreseen the ongoing legal battle ahead. As the Martha’s Vineyard Gazette reports, continued courtroom challenges began when the cell tower was authorized. However, the latest decision from the Massachusetts Appeals Court should keep the 115-foot monopole firmly in place.
The main players in the rumble have been property owners Robert and Dana Strayton versus AT&T, the MVC, and landowner Robert Fynbo. The Straytons have persistently argued that the cell tower on the adjoining property compromises their health, view, and property value.
A bench trial in 2020 and a subsequent Massachusetts Superior Court appearance in 2021 both came to the same conclusion, ruling against the Straytons. Each legal body determined the MVC had the proper authority to approve the cell tower. They also noted that the Straytons lacked standing in the matter.
In a final attempt to gain satisfaction, the Straytons appealed the decision to a higher court, the Gazette reported. In its review of the legal challenge earlier this month, the Massachusetts Appeals Court upheld the decision of the lower court. “The trial judge issued a thorough and detailed written memorandum of decision,” the memorandum read, agreeing that the plaintiffs had neither standing nor merit to pursue the matter any further.
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