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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 , 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.

John Smith January 07, 2013 at 02:20 PM
Residents of an affluent neighborhood try to keep a low cost cell phone provider that mainly caters to low income citizens simply because the tower is an "eye sore". Sounds like class warfare to me. Get off your high horses you elitists scum bags.
Mike Umbris January 07, 2013 at 02:41 PM
This might be the dumbest comment I've ever read on patch. You didn't attend a single zoning board meeting where the Firefighters refused to release any financial information, where T-Mobile presented conflicting 'experts' that basically confirmed there is no gap in coverage. The firefighters sat in the backrows of the zoning board meetings for 2 years coughing and making snide comments while 70 year old residents gave their opinions against the tower. Chief Vitale literally almost punched a resident and had to be restrained. John Smith (Your real name of course) you are a fraud just like the firemen who are selling out their neighborhood.
Mike Umbris January 07, 2013 at 02:47 PM
Mr Smith- We see your user ID was created just for your post today, thus I will make a giant leap and say you are one of the aforementioned firefighters of Green Knoll. It is public knowledge your donations are down 60% since the Tower fight began. You have also started losing corporate donations. Posts like yours make me glad I have pulled my donations and sent the checks to the PBA and Rescue Squad. Enjoy your T-Mobile money.
Mike Umbris January 07, 2013 at 02:49 PM
The neighborhood, "Mr. Smith" is fine with cell coverage no matter who the carrier is- Here is our solution and one the Zoning Board agreed with. http://www.informationweek.com/telecom/business/alcatel-lucent-shrinks-cell-phone-towers/229201232
Frank The Tank January 24, 2013 at 08:52 PM
Chief Vitale is a loose cannon, I saw him accost a resident that was dropping his daughter off at girl scout camp bus in the FD parking lot. HE sped into the lot like a maniac because the bus driver was stopped in the wrong place. VERY dangerous guy.
Frank The Tank January 24, 2013 at 08:53 PM
LOL, yeah - thats it. I bet you were one the FD members in the back row making asinine comments.

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