N.Y. Town Denies Liability for Verizon Tower That's Still Not Approved

Whatever injuries plaintiffs Verizon and Tarpon Towers may have sustained in their cell tower dispute with the town of Saugerties, New York, were caused by their own negligence or “culpable conduct,” or by someone over whom Saugerties "had no control," said the town’s answer Thursday (docket 1:22-cv-107) in U.S. District Court for Northern New York in Albany. The Verizon-Tarpon amended and supplemental complaint Jan. 19 requested expedited review under the Telecommunications Act of their challenge against Saugerties, and for declaratory and injunctive relief for the immediate issuance of all approvals and permits necessary for construction of a cell tower that Verizon applied for in May 2019 (see 2301190046). Saugerties officers at all times “were government officials performing discretionary functions in their capacity,” said the town. “Their conduct did not violate clearly established statutory or constitutional rights of which a reasonable man would or should have known, and that by reason thereof they have qualified immunity from liability in this action.”