Crown Castle Ordered to File Summary Judgment Motion by Dec. 23 vs. Oyster Bay
U.S. District Judge Joan Azrack for Eastern New York in Central Islip denied Crown Castle’s Oct. 31 request for a pre-motion conference to discuss an expedited briefing schedule for its anticipated motion for summary judgment against the town of Oyster…
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Bay, said Azrack’s text order Monday (docket 2:21-cv-06305). In waiving the court’s pre-motion conference requirement, she adopted the parties' proposed briefing schedule, said the order. Crown Castle is to file its motion for summary judgment by Dec. 23, and Oyster Bay will file its response by Jan. 27, it said. Crown Castle’s optional reply is due Feb. 13, it said. Crown Castle, in its year-old Telecommunications Act infrastructure complaint against the town, alleges the statute bars local prohibition of any interstate or intrastate wireless services (see 2211090003). Yet Oyster Bay’s zoning board has denied Crown Castle's request to install 23 small wireless facilities in the town “without substantial evidence contained in a written record,” as Section 332 of the statute requires, it alleges.