PHILADELPHIA - Lower Saucon Township faces a federal lawsuit over its rejection of a Verizon cell tower.
Allentown SMSA Limited Partnership, operating as Verizon Wireless, filed a lawsuit May 31 in Pennsylvania federal court against Lower Saucon Township, its Council, and the Zoning Hearing Board.
The suit arises from the defendants' denial of Verizon's application to construct a 125-foot monopole wireless telecommunications facility on a property in Bethlehem. Verizon argues that this denial violates both federal and state laws, including provisions of the Communications Act of 1934 and the Telecommunications Act of 1996.
Verizon claims that the proposed facility is necessary to address significant gaps in wireless service coverage and meet increasing demand.
Despite satisfying all zoning ordinance requirements and receiving recommendations for approval from the Township Planning Commission, the Council voted against the application without providing substantial evidence or reasons for their decision, the suit claims.
The complaint alleges that the denial was influenced by unfounded public concerns about radio frequency emissions, an issue preempted by federal law. Verizon seeks declaratory judgment, injunctive relief to compel approval of their application, and damages for harm caused by the denial.
Robert Gaudioso of Snyder & Snyder represents the plaintiff.