Following a lengthy and contested process, which included fierce local opposition, a municipal moratorium, amended applications, and litigation, Cuddy & Feder was able to successfully conclude ExteNet Systems, Inc.’s efforts to install a small cell DAS network in the Village of Lake Success, when the Eastern District of New York entered a consent judgment finally resolving the matter in October 2020. After the Village denied applications for 9 of 13 proposed small wireless facilities that ExteNet had applied to install in Village rights of way in 2019, ExteNet filed suit. Just prior to submission of summary judgment motion papers, and after having successfully defeated a motion to intervene on behalf of local objectors, ExteNet and the Village were able to come to an agreement on a final network design, which the Village Board approved by resolution and the Court entered as a consent judgment, clearing the way for ExteNet to deploy its equipment in an area staunch “home rule” municipalities and notorious for unabating local opposition to wireless siting.
Cuddy & Feder’s Litigation and Regulatory Teams Combine Efforts to Successfully Secure a Small Cell DAS Network on Long Island
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