Tower Lawsuit Appealed

There seems to have been an uptick in lawsuits involving cell towers lately. The latest comes out of Neenah, Wisconsin, where two residents sued the Town of Neenah for approving a 150-foot tower on town property. Winnebago County Circuit Court Judge Daniel Bissett ruled in April that the plaintiffs, Matthew Kirkman and Travis Rogers, don’t have legal standing to enforce a deed restriction on the town’s land. “I appreciate that the plaintiffs are close neighbors, so to speak, to this particular piece of property, but it’s clear they aren’t part of the general plan or scheme for this restrictive doctrine, and they aren’t Town of Neenah residents,” Bissett said, according to a court transcript. (Post Crescent) However, the men said they won’t be stopped by Bissett’s decision, and plan to see the lawsuit through. “We are hopeful that the appeals court will first look at our proximity to the cell tower and that our voice was neither heard nor considered by the Town of Neenah,” Kirkman told Post-Crescent Media in an email. Last summer, the Town Board approved a 25-year lease with Nsight, who was to pay the town $15,000 a year, and 15% of any rent the company receives when leasing space on the tower. The two residents believe the town and Nsight violated a deed restriction claiming the town must use its property “for a municipal purpose” and that this tower is not for municipal purse, and request the tower be removed.