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Cell Towers: Not A Nuisance Says One Court

By Bashian & Papantoniou
April 07, 2011

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Residents of condominium apartment brought suit to have nearby cell phone tower adjudged common-law nuisance and removed from rooftop of building. Building owner and tenant moved to dismiss complaint.
The Supreme Court, New York County, held that the residents failed to state a nuisance cause of action, as the tower was operated under Federal Communications Commission’s (FCC) regulation and lawful permits issued to the wireless carrier under that authority. The Court reasoned there was no unreasonable or unlawful conduct on the part of the wireless carrier and that the maintenance and operation of cell phone towers have become public necessities that are lawful in character and are in the public interest. Read  more

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