Mo. Decision Backs AT&T’s Bid to Deny N.Y. Village’s Motion to Dismiss, Judge Told
Friday’s order from U.S. District Judge Stephen Bough for Western Missouri denying the city of St. Joseph’s motions to dismiss AT&T’s complaint applies the “same reasoning” as arguments AT&T raised in urging U.S. District Judge Joanna Seybert for Eastern New…
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York in Central Islip to deny the motion to dismiss AT&T’s complaint against the village of Muttontown, New York, AT&T wrote Seybert in a letter with supplemental authority Friday (docket 2:22-cv-05524). Bough denied the city’s motion to dismiss AT&T’s substantial evidence and prohibition of services claims under the Telecommunications Act, saying the city’s arguments challenging the factual adequacy of the substantial evidence claim weren't well-suited to a motion to dismiss, AT&T told Seybert. Bough “similarly dismissed the challenge to the prohibition of services claim,” it said. AT&T alleges in both lawsuits the municipalities’ denials of AT&T applications to build new cell towers failed to comply with the statute’s requirements that the denials be supported by substantial evidence in a written record. AT&T also alleges in both complaints the denials are an unlawful prohibition of the statute’s provisions for personal wireless services.