AT&T contractor Deviney Construction “vehemently” denies allegations it damaged an underground electrical conduit while excavating near a commercial retail building that Loboda Properties owns in Natchitoches, Louisiana (see 2401080004), said Deviney’s answer Friday (docket 1:24-cv-00022) in U.S. District Court for Western Louisiana in Alexandria. Insurer Travelers Property Casualty Co. made the claim on behalf of Loboda, its client. The damages weren’t caused by Deviney’s “acts or omissions,” said the answer. Devoney “at all times” complied with the Louisiana Underground Utilities and Facilities Damage Prevention Law and relied “on the markings set forth by the utility companies operating utility lines in the subject area,” it said. Any injuries or damages the plaintiff sustained “were caused by intervening or superseding events, factors, occurrences, or conditions” that Deviney didn’t cause and for which it isn’t liable, it said. If it’s determined that the plaintiff indeed suffered damages, Deviney asserts that the plaintiff “failed to mitigate" its alleged damages or failed "to take reasonable steps to minimize or prevent the damages purportedly sustained in the subject incident as is required by law,” said the answer. In the “further alternative,” Deviney avers that if the plaintiff suffered any injuries, which are denied, those injuries were caused by the “acts, carelessness, inattention to duty, omissions, and/or conduct of third persons" for whose fault and/or negligence Deviney isn’t liable, it said.

U.S. Magistrate Judge Mustafa Kasubhai for Oregon in Eugene denied AT&T’s motion for reconsideration of his granting of summary judgment for Lane County, Oregon, and rejected the company's request that he approve its application that the county denied for a 150-foot cell tower on a five-acre parcel of land near Oregon’s Pacific Coast (see 2311200016), said the judge’s opinion and order Thursday (docket 6:22-cv-01635). In granting summary judgment for the county, the judge held that AT&T failed to exhaust its remedies under Oregon’s administrative land use process. AT&T’s motion for reconsideration “raises no new arguments and fails to demonstrate any mistake” in the court’s reasoning or other reason that justifies relief under Rule 60(b)(1) or (6), said the judge’s order.

Milwaukee’s Deer District seeks to intervene in Verizon’s lawsuit to force the city to approve its small-cells installations in time for July’s Republican National Convention “to preserve its private property right and leasehold interest in the Deer District Public Plaza,” said its brief Monday (docket 2:23-cv-01581) in U.S. District Court for Eastern Wisconsin in support of its motion to intervene. Verizon contends the small-cell installations are generally needed in the public plaza outside the Fiserv Forum to remedy existing coverage gaps but are “especially” needed to prepare for the crowds at the GOP convention (see 2311270034). But Milwaukee contends Verizon is trying to force it to allow the installation of small cells and poles on property that the city leases to the Deer District and doesn’t control (see 2312270003). Verizon seeks to “impair” the Deer District’s property rights by unlawfully applying laws that govern telecommunication providers’ rights with respect to public property, said the Deer District's brief. But the plaza is “encumbered” by the lease, “and as such, the leasehold is not public property,” it said. The court “must and should” allow the Deer District to intervene “to give it the opportunity to halt Verizon’s unlawful attempts to erode the Deer District’s rights,” it said.

U.S. Magistrate Judge James Wicks for Eastern New York in Central Islip recommends granting Crown Castle’s motion for summary judgment against Oyster Bay, New York, said his report Friday (docket 2:21-cv-06305). Crown Castle contends it’s entitled to summary judgment as a matter of law on its claims that Oyster unlawfully blocked its applications to install 23 small wireless facilities in public rights of way (see 2303130027). Viewing the facts in light most favorable to Oyster Bay, the magistrate judge finds that the town’s denial of Crown Castle’s applications wasn’t supported by substantial evidence on record, said his report. The denial also was an effective prohibition of wireless services under the Telecommunications Act, it said. Wicks also recommends the granting of summary judgment in Crown Castle’s favor for violations of the TCA’s sections 332 and 253 because the town’s application criteria and fees “had the effect of prohibiting the provision of services under the TCA,” said the report.

U.S. District Judge Stephanie Gallagher for Northern Maryland in Baltimore granted Ocean City, Maryland, and Crown Castle's request to extend the stay in their case by another 60 days, said her signed order Tuesday (docket 1:21-cv-01812). The parties asked for the 60-day extension as they pursue a final settlement in their case, which dates to July 2019 (see 2401170004). If the case isn’t jointly dismissed by the end of the 60-day stay extension, the parties will jointly report to the court on the status of the “conditions precedent to dismissal,” said Gallagher’s order. Crown Castle sued Ocean City to reverse what it alleged was the city’s unlawful denial of its application to install telecom services equipment in the public rights of way on three new streetlight poles. The city countersued in December 2021, alleging Crown Castle breached the requirements of a 2017 rights of use agreement with the municipality.

Barbara and Everett Knudson seek to intervene on the side of Walla Walla, Washington, in the city’s cell tower dispute with AT&T, said their motion Tuesday (docket 4:23-cv-05162) in U.S. District Court for Eastern Washington in Richland. AT&T’s Dec. 1 complaint seeks declaratory and injunctive relief challenging Walla Walla’s denial of its application for a conditional use permit to build, operate and maintain a 65-foot “faux tree” cell tower and accessory equipment on church property on the city’s east side (see 2312040002). The Knudsons own and live on property abutting the site proposed for the new cell tower and they own and operate a bed and breakfast located less than 500 feet from the site, said their motion. The Knudsons participated in the “underlying” AT&T application proceeding before the city’s hearing examiner and have a “significant interest” in defending the denial decision reached by the hearing examiner, it said. Their attorney is “authorized to state” that the city stipulates to their intervention, but AT&T has said it will oppose their motion, it said. The Knudsons should be granted intervention as a matter of right under Rule 24(a) of the Federal Rules of Civil Procedure or alternatively, permissive intervention under Rule 24(b), it said.

Crown Castle and Ocean City, Maryland, are asking the U.S. District Court for Maryland in Baltimore to extend the stay of their case for another 60 days as they pursue a final settlement, said their joint status report Tuesday (docket 1:21-cv-01812). Under the terms of their Oct. 17 settlement agreement (see 2310170011), certain “conditions precedent are required to take place” before the parties can file a stipulation of dismissal with prejudice, said the report. The parties are in the process of completing those steps, it said. They ask that if the case isn’t jointly dismissed before the expiration of the 60-day stay extension the court require them to submit a second joint status report about “the status of the conditions precedent to dismissal,” it said. Crown Castle sued Ocean City in July 2021 to reverse what it called the city’s unlawful denial of its application to install telecom services equipment in the public rights of way on three new streetlight poles. The city countersued in December 2021, alleging Crown Castle breached the requirements of a 2017 rights of use agreement with the municipality.

U.S. District Judge Brett Ludwig for Eastern Wisconsin in Milwaukee scheduled oral argument for Friday at 10 a.m. CST on Verizon’s Dec. 4 motion for a preliminary injunction against the city of Milwaukee (see 2312050022), said a text-only docket notice Friday (docket 2:23-cv-01581). Verizon seeks the injunction to force Milwaukee to issue all permits necessary for the installation of small cells and special poles in the city’s Deer District in time for July’s Republican National Convention in the Fiserv Forum. The preliminary injunction motion is on an expedited briefing schedule because Verizon contends it needs approval of its small-cells applications by Jan. 29 to be sure that the special poles and equipment it needs for the installations will be ready in time for the convention. Verizon contends that the city’s denials violate Section 332 of the Telecommunications Act, and that the small cells are needed to prevent coverage gaps and dropped calls during the convention. The city maintains that it can’t approve the small-cells applications for land within the Deer District that it leased away to private entities and now doesn’t control.

Comutel Solutions, a support services contractor for data, video and voice networks, caused more than $34,000 in damages to a Crown Castle underground cable while excavating with mechanized equipment in January 2020 in Palm Beach Gardens, Florida, alleged Crown Castle’s complaint Friday (docket 502024CC000204XXXAMB) in 15th Judicial Circuit Court in Palm Beach County. Comutel’s action “constituted an intentional interference with Crown Castle’s disturbance of its rights without justification,” said the complaint. Crown Castle’s cable “constitutes movable property, for which Crown Castle has the right of peaceable, undisturbed possession,” it said. Comutel “interfered with said possession when it knowingly and intentionally excavated” without maintaining “due clearance” of the cable, it said. Crown Castle alleges Comutel failed to adhere to "all applicable federal and state statutes and regulations and all applicable industry standards and guidelines as they relate to the protection of underground utilities," said the complaint.

AT&T removed to U.S. District Court for Western Louisiana in Alexandria Friday a complaint (docket 1:24-cv-00022) filed Nov. 20 in the 10th Judicial District Court for Natchitoches Parish in which the Travelers Property Casualty Co. seeks to recover nearly $530,000 for its client, Loboda Properties, for damage that AT&T and its contractor, Deviney Construction, caused to an underground electrical conduit near a commercial retail building that Loboda owns in Natchitoches. The building suffered a power outage that affected several tenants on Nov. 22, 2022, the same day that Deviney was installing a fiber optic cable for AT&T, said the complaint. “Before boring the underground hole for the fiber optic cable, Deviney failed to properly inquire about, or further investigate, the route and depth of the underground electrical conductors despite the open and obvious location of the pad-mounted transformer relative to the electrical service at the building,” said the complaint.