Vertex Tower Application Gets OK Under Settlement With Mass. Town

U.S. District Judge Allison Burroughs for Massachusetts in Boston signed an order Tuesday (docket 1:22-cv-11551) granting the joint motion of plaintiff Vertex Towers and the defendant town of Hubbardston, Massachusetts, for the entry of an agreement for judgment now that the parties agreed to settle the case.

The joint motion asked that the case be dismissed, and it asserts their agreement for judgment “is fair, adequate, and reasonable,” wouldn’t violate the constitution, a statute or any other authority, “and is consistent with the objectives of Congress.”

Vertex sued the town in September over the allegedly unlawful denial of its application to build a multi-user lattice-style wireless communication facility (see 2210250001). Vertex alleged the local zoning board’s denial violated Section 704 of the Telecommunications Act because the decision wasn’t supported by substantial evidence in a written record and it had the effect of prohibiting the provision of personal wireless services.

The agreement for judgment declares Vertex’s application was “constructively approved” Aug. 29 when the zoning board’s failure to act on the application within the time prescribed under Massachusetts general law. The agreement for judgment formally vacates the zoning board’s Aug. 30 denial.

The Massachusetts District Court will retain jurisdiction to ensure compliance with the agreement for judgment, said the document. This action is otherwise dismissed with prejudice, with each party to bear their own costs and fees, it said. The parties "expressly waive" any and all claims for costs and attorneys’ fees and all rights of appeal.