Verizon Urges Denial of Motion by 7 N.J. Residents to Intervene in Its Tower Fight
The Sept. 27 motion of seven Belmar, New Jersey, residents to intervene in Verizon’s cell tower fight with Monmouth County (see 2309280027) should be denied for several reasons, said Verizon’s memorandum of law Monday (docket 3:23-cv-18091) in U.S. District Court…
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for New Jersey in Trenton in support of its opposition. As a preliminary matter, the putative intervenors, who also have filed a motion to dismiss Verizon's complaint (see 2310180031), have failed to comply with the terms of Rule 24 of the Federal Rules of Civil Procedure by not including a “proposed pleading” with their motion to intervene, said Verizon's opposition memorandum. Even putting that "failure aside," the motion to intervene “suffers from several fatal flaws,” it said. The intervenors “fail to demonstrate a specific interest in any property that is the subject of this action beyond their general interest” as citizens of Monmouth County and two organizations -- Belmar Against 5G Towers and Children’s Health Defense -- that oppose Verizon’s technology, it said. Verizon hasn’t asserted any claims against the intervenors, nor could the causes of action have been pled against them, it said. The intervenors also failed to make any showing, “beyond simple speculation,” that Monmouth County won’t defend this case and protect any interest the intervenors may have, it said. Granting the motion to intervene also would “unduly delay this proceeding and prejudice the original parties’ rights,” especially in light of the Telecommunications Act’s requirements that this matter “be handled on an expedited basis,” it said.