Town of Hempstead v. State

OPINION OF THE COURT

Geoffrey J. O’Connell, J.

Plaintiff Town of Hempstead seeks an order granting it a preliminary injunction prohibiting the defendants from further *1041constructing or operating a cell site tower in Wantagh, New York. Defendants oppose and seek a dismissal of this action.

This action arises out of the construction of a cell site tower by defendant Crown Communications, on state property. It is apparently undisputed that in 2001 the Town contacted state officials about the placement of the tower on state property located at the south end of the Seaford Oyster Bay Expressway, in…