“No–No” in Neenah

Two residents in Neenah, Wisconsin, have filed a lawsuit seeking the removal of a nearby 150-foot cell tower. Matthew Kirkman and Travis Rogers allege that the Town of Neenah and Nsight, the parent company of Cellcom, violated a deed restriction on the town’s Municipal Building property where the tower is located, according to the Post Crescent. The 1995 deed restriction says the town must use the land “for a municipal purpose, such as a construction site for a Town fire station” and that the town shall not assign, transfer or convey the property unless it is “for a further municipal purpose; that is, further use by the Town of Neenah.” (Post Crescent) The two residents say the construction of a cell tower isn’t for municipal purpose under state law and that it’s not for municipal purpose permitted under the language of the deed restriction. The town was served with the lawsuit on January 15, and they have 20 days to respond.