N.J. Borough Demands Jury Trial in Small-Cells Lawsuit Brought by Verizon

Lavallette, New Jersey, and members of its borough council reserve the right to move for dismissal of Verizon’s Dec. 13 Communications Act complaint at or before the time of trial, and are demanding a jury trial, said their answer Friday (docket 3:23-cv-23072) in U.S. District Court for New Jersey in Trenton. Verizon sued Lavallette and its council members to challenge their "unreasonable and unsupported denial" of the carrier’s application for permit approval to install five small cells in the borough's public right of way (see 2312140038). Verizon alleges Lavallette denied the application without substantial evidence contained in the written record. It further alleges that the borough’s "unreasonable and prohibitive" application and code requirements materially inhibit or limit Verizon's ability to provide personal wireless and telecommunications services to the public. But Lavallette and its council contend the company’s claims are barred because the defendants “are in compliance with all constitutional, statutory, and regulatory requirements and obligations,” said their answer. They also contend that their denial of Verizon’s application was “timely,” as was their notice of that denial, said their answer. Verizon has failed to demonstrate that the denial of its application, “as to each and every of the proposed locations, will materially inhibit telecommunications services and personal wireless services,” it said. The denial was reasonable “and supported by credible evidence,” it said. The individual defendants “engaged in good faith performance of their duties at all times relevant” to the subject of the complaint and therefore “are entitled to immunity from liability” under state and federal laws, it said.