T-Mobile Litigation Continues, Tower Not Approved
Rumors of an approval are not true, township administrator says.
Despite rumors to the contrary, there has been no word that the cell tower proposed for the Green Knoll Volunteer Fire Co. has been approved at this time.
The zoning board denied the application for a 125-foot cell tower in May, and, several months later, T-Mobile filed suit against the board for its denial, saying that the decision was arbitrary and capricious.
T-Mobile said the denial violated the federal Communications Act, and was unlawful under New Jersey law.
The township, in its response, said the denial was not unjust, and denied all the charges filed.
T-Mobile is seeking an injunction from the court to require the zoning board to approve the application at the proposed location.
But with so much time having passed, township administrator James Naples said the litigation has not been completed, and the cell tower has not been approved.
“The litigation remains active,” he said.
According to court documents filed Nov. 19 concerning the litigation, a scheduling conference will be held Jan. 22 at 2 p.m. in the courthouse in Trenton to discuss discovery and other matters of the case.