Appeals Court: CELLCO PARTNERSHIP v. CITY OF PEABODY

KeywordsLand Court. Telecommunications Act. Telecommunications, Personal wireless service facility. Zoning, Telecommunications facility, Special permit, Issuance of permit, Public utilities. Public Utilities, Telecommunications

In Cellco Partnership (dba Verizon) v City of Peabody, the Appeals Court today affirmed the Land Court’s grant of summary judgment in favor of Verizon and the order to issue the special permit Verizon sought.  The Land Court and the Appeals Court found that the denial by the City of the special permit “constituted an effective prohibition on personal wireless services in violation of the Federal Telecommunications Act (FCA).”   The Appeals Court found Verizon had met the high burden to establish it was entitled to the special permit.  Click here for the full decision of the Appeals Court.

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