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July 11, 2014

Cape Elizabeth faces lawsuit from Verizon

Verizon Wireless is suing Cape Elizabeth over a town committee’s decision to deny a permit for the company to install wireless communication equipment on a former water tower.

The Portland Press Herald reported that Verizon’s lawsuit was filed in U.S. District Court in Portland on Wednesday. Cape Elizabeth Town Manager Michael McGovern told the newspaper that the town is expected to file a rebuttal within three weeks.

The lawsuit was prompted by the town’s Zoning Board of Appeal’s refusal in June to reconsider a permit allowing Verizon to install wireless equipment —  what the company said was necessary to address a “coverage gap” in town. Before the board denied the permit in its May meeting, several neighbors of the water tower said Verizon’s wireless equipment would create a nuisance for the neighborhood and lower property values.

By denying the permit, Verizon said in the lawsuit, the town violated the federal Spectrum Act, which requires municipalities to approve any changes to an existing wireless tower or base station as long as its measurements are not altered. The company said the town also violated a local ordinance that permits exactly what it was proposing.

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