Judge Extends Filing Deadline in Vertex v. Hubbardston to Nov. 15

U.S. District Judge Allison Burroughs for Massachusetts issued an electronic order Monday (docket 1:22-cv-11551) granting in part the joint motion of Vertex Towers and the town of Hubbardston, Massachusetts, a deadline extension for the parties to file a joint proposed schedule. Vertex’s Sept. 21 complaint alleges the Hubbardston zoning board of appeal denial of its application for variances to permit the construction and operation of a multi-user lattice style wireless communication facility is in “direct violation” of Section 704 of the Telecommunications Act partly because the decision “is not supported by substantial evidence in a written record.” The facility is needed to remedy “a significant gap in wireless coverage,” and the denial “materially inhibits the provision of wireless services, including the ability to introduce new services or otherwise improve the existing services,” alleged the complaint. The joint Vertex-Hubbardston motion had asked for a deadline extension to Dec. 9, but “without more information as to the reason for the delay,” Burroughs’ order extended the deadline only to Nov. 15.