Price Meese prevails in federal court telecom suit

Greg Meese and Ed Purcell notch big win for the telecom industry in ExteNet Systems Inc. v Township of North Bergen. On May 19, 2022, Federal Court Judge Madeline Cox Arleo granted their motion for summary judgment finding that the Township of North Bergen illegally denied ExteNet’s applications to install small wireless facilities in the public right-of-way. Judge Arleo found that the Township improperly based its decision on unsubstantiated health concerns and unsupported aesthetic issues contrary to the requirements of the Federal Telecommunications Act. This is an important decision which clarifies how New Jersey municipalities must review these types of applications. A link to the decision can be found here: Opinion