Government,
Environmental & Energy
Mar. 31, 2022
Carmel denied Verizon permit but didn’t tell them, lawsuit says
Avi W. Rutschman of Best Best and Krieger LLP represented Carmel at the hearing. “What we’re arguing is: We issued a written denial on Dec. 14, 2021, before the cutoff date, and that there’s no delivery requirement in the statute. Nor is the delivery requirement supported by any case law,” he said.
A federal jurist has converted the city of Carmel’s motion to dismiss into a motion for summary judgment in the city’s fight against Verizon Wireless, which is attempting to replace a wood utility pole with a pole attached with a small piece of cellular infrastructure.
Verizon claims Carmel violated the Telecommunications Act of 1996 by not denying its application for replacement in time to meet the Federal Communications Commission’s “sh...
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