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PENNSYLVANIA RECORD

Friday, March 29, 2024

Verizon claims Smithfield Township's denial of communications facility was unlawful

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SCRANTON – A telecommunications company is challenging the Smithfield Township Board of Supervisors' denial of its application to construct a facility on a property in the township.

Northeast Pennsylvania SMSA Limited Partnership, doing business as Verizon Wireless, filed a complaint on Aug. 24 in the U.S. District Court for the Middle District of Pennsylvania against The Smithfield Township Board of Supervisors alleging violation of the Telecommunications Act of 1996.

According to the complaint, the plaintiff entered into a lease agreement on a parcel of land on Airport Road in the township to construct a communications facility to improve signal strength in the area. The plaintiff claims it submitted its application on Feb. 23 and that the defendant denied it on June 21.

The plaintiff holds The Smithfield Township Board of Supervisors responsible because the defendant's denial allegedly is not supported by substantial evidence.

The plaintiff seeks review the record of the application and the hearings of the board, reverse the decision of the board, award court costs and any further relief the court grants. It is represented by Richard M. Williams and Lars H. Anderson of Hourigan, Kluger & Quinn PC in Kingston.

U.S. District Court for the Middle District of Pennsylvania case number 3:17-cv-01521-RDM

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