Lead Stories, News

Crown Castle files new lawsuit against Rye

Last week, the telecom contractor, Crown Castle, has reignited a lawsuit with the city, claiming that a city-run environmental review process of a proposal to install wireless infrastructure across the city has violated an agreement signed in 2011, in addition to state law.

“Despite that the city consented back in 2011 to [Crown Castle’s] right to deploy its infrastructure in the Rye [right-of-way], and allowed [Crown Castle] to do so in other areas of the City… [the city] has disregarded that consent and blocked [Crown Castle’s] efforts to install this important utility infrastructure,” Crown Castle states in its lawsuit, which was filed Jan. 8 in  state court.

Specifically, the lawsuit contends that an agreement signed between Crown Castle and Rye in 2011 gives the right to alter infrastructure that falls within the “right-of-way”—a term that encompasses the areas containing city telephone poles, many of which are located just outside of residences—in addition to areas outside this designation, subject to a permit review process.

And, although a previous ruling in federal court sent down in December upheld the city’s decision to conduct an environmental review of the Crown Castle proposal under the lens of the State Environmental Quality Review Act, SEQR, the telecom company claims that the city has “weaponized” SEQR against it.

In April 2017, the City Council voted to undergo an environmental review of the project – which aims to install more than 70 wireless nodes citywide.

Rye City Attorney Kristen Wilson said that while the most recent lawsuit is fairly similar to the unsuccessful one previously filed in federal court, there are differences.

“It’s longer and more detailed… and it is more focused on the [2011] agreement, but the causes of action are similar,” she said.

Crown Castle claims that by not bolstering its wireless infrastructure—the company is being contracted to do so by Verizon Wireless—it is harming residents’ access to current and future networks.

But residents opposed to Crown Castle’s nodes installation—wireless signal-emitters that would be primarily attached to telephone poles—have shown concern for what impact they may have on home values. They contend that large equipment attached to telephone poles—many of which abut residential neighborhoods—would disturb the character of Rye’s neighborhoods.

According to Wilson, while a previous ruling in federal court will help the city’ chances in winning the second round of litigation with Crown Castle, it’s too early to predict an outcome.

“It’s hard to predict exactly what the judge will do,” she said.  “We will be hopeful that the state judge will follow in the previous judge’s footsteps.”