VERTEX TOWERS LLC v. BOARD OF APPEALS OF THE TOWN OF YORK MAINE

UNITED STATES DISTRICT COURT DISTRICT OF MAINE VERTEX TOWERS LLC, ) ) Plaintiff ) ) v. ) No. 2:22-cv-00355-JDL ) TOWN OF YORK et al., ) ) Defendants ) RECOMMENDED DECISION ON MOTIONS FOR JUDGMENT ON A STIPULATED RECORD AND MOTION TO DISMISS Vertex Towers LLC claims that the Town of York’s denial of its application for zoning variances to construct a 120-foot cellphone tower violates the federal Telecommunications Act because the Town’s decision is unsupported by substantial evidence and amounts to an effective prohibition of personal wireless services.1 Vertex and the Town have both moved for…