Judge says Cape Elizabeth can't block Verizon's proposed water tower antenna
A federal judge has ruled in favor of Verizon Wireless in its lawsuit against Cape Elizabeth over the town's decision to deny a permit for the company to install wireless communication equipment on a water tower.
The Forecaster reported U.S. District Court Judge Jon D. Levy ruled Sept. 30 that the town was wrong to block the company from building on top of the empty town-owned water tower on Avon Road. The wireless company filed the lawsuit in 2014 after a town committee denied its appeal of the town’s decision.
Verizon had sought a permit to install wireless equipment on the water tower that has been drained since 2007 — equipment the company said was necessary to address a coverage gap in town.
Verizon now will go before the planning board for site plan review, the Forecaster reported.
The judge ruled in favor of the town on Verizon’s other claim, that 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.
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