PHILADELPHIA — A telecom company is suing the Township of Doylestown, citing alleged violations of the Telecommunications Act of 1996.
Vertical Bridge Development LLC filed a complaint on Feb. 4 in the U.S. District Court for the Eastern District of Pennsylvania against the Zoning Hearing Board of the Township of Doylestown, alleging it relied upon speculative and personal opinions of the objectors to an application.
Plaintiff argues the board's decision to deny plaintiff's application is not supported by substantial evidence as required in 47 U.S.C. 332(c)(7)(B)(iii).
According to the complaint, the plaintiff alleges that on July 26, 2018, Vertical Bridge Development filed an application seeking a special exception to develop a wireless service facility.
The facility will have antennas to be used for receiving and transmitting wireless communications services by Verizon Wireless and T-Mobile. On Jan. 3, the Board issued the written decision denying the application.
The plaintiff says the Zoning Hearing Board did not retain an expert to assist with its evaluation and review of Vertical Bridge Development's application; did not provide definitions of the subjective terms; and did not cite or reference definitions to explain or interpret the subjective terms.
Additionally, "no testimony or evidence was offered to prove to a high degree of probability that the impact from the facility will substantially affect the health, safety and welfare of the community to a greater extent than would be expected normally from a communications tower," the suit alleges.
The plaintiff seeks a reversal of the decision of the Board and for the court to direct the Board to issue approvals to Vertical Bridge Development's request to construct and operate the facility as proposed in the application and all supporting documents. It is represented by Richard Lemanowicz of Lemanowicz LLP in Lower Gwynedd.
The U.S. District Court for the Eastern District of Pennsylvania Case No. is 2:19-cv-00494-MSG.