Oyster Bay Not Against Crown Castle Summary Judgment Motion

The town of Oyster Bay, New York, doesn't oppose Crown Castle’s request to file a motion for summary judgment in its year-old Telecommunications Act infrastructure complaint against the town, Oyster Bay lawyers wrote U.S. District Judge Joan Azrack for Eastern New York Tuesday (docket 2:21-cv-06305). Lawyers for the two sides have discussed a proposed briefing schedule that would have Crown Castle serve their moving papers by Dec. 23, they said. Oyster Bay’s opposition would be due Jan. 27, and Crown Castle’s reply Feb. 13, they said. The statute bars local prohibition of any interstate or intrastate wireless services, 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, said Crown Castle’s November 2021 complaint (see 2211010002).