April 22 Bench Trial Set on Mass. Town’s Denial of Verizon’s Cell Tower Application

A bench trial is scheduled to begin April 22 at 9 a.m. on Count II of Verizon’s complaint that the Southwick, Massachusetts, denial of its cell tower application constituted an effective prohibition of wireless services under the Telecommunications Act, said a trial procedural order (docket 3:21-cv-10414). A joint pretrial memorandum is due April 2 that will include the probable length of the trial, a concise summary of evidence that will be offered by each party and a statement identifying any evidentiary issues that, if raised during the trial, would likely delay the trial by 15 minutes or longer, said the order, signed Tuesday by U.S. District Judge Mark Mastroianni for Massachusetts in Springfield. A pretrial conference is set for April 5, it said. The final exhibit and witness lists from each party are due April 15, it said. The judge granted summary judgment Feb. 5 in Southwick’s favor on Count I of Verizon’s March 2021 complaint that the town’s denial of Verizon’s cell tower application wasn’t supported by substantial evidence in the written record (see 2402060050).