A group of homeowners has filed a lawsuit against a cell tower developer and local government, alleging they conspired to bypass zoning laws to construct a cell tower near residential properties.
On December 31, 2024, Joanne Romano and several other plaintiffs filed the complaint in the United States District Court for the Eastern District of New York against Elite Towers, L.P., and the Town of Riverhead.
The plaintiffs, represented by Campanelli & Associates, P.C., claim that Elite Towers plans to build a 213-foot cell tower just 50 feet from Romano’s home in Wading River, New York.
The proposed construction allegedly violates provisions of the Riverhead Zoning Code, including height restrictions and setback requirements. The plaintiffs argue that the tower poses safety risks, such as ice fall and structural failure, and could lower property values due to aesthetic impacts.
"Would I want this thing near my home? No," said Tim Hubbard, a town official named in the suit, acknowledging the project’s intrusive nature.
The complaint centers on allegations that Elite Towers colluded with members of the Town Board to avoid public hearings before the Zoning Board of Appeals (ZBA), which are required under New York State law to allow residents to voice concerns about zoning variances.
Instead, the lawsuit claims that Elite Towers encouraged town officials to conduct an unauthorized Monroe Balancing Test, a method typically used to resolve disputes between municipalities, to justify bypassing zoning requirements without proper authorization.
The plaintiffs assert that these actions violated state and federal laws, including First Amendment rights, by silencing community opposition and denying their right to petition government bodies. They seek relief under 42 U.S.C. §1983 for constitutional violations and demand compensatory damages and injunctive relief to halt construction until the proper procedures are followed.
The lawsuit also includes state law claims under CPLR Article 78 and CPLR §3001, seeking judicial review of what the plaintiffs describe as arbitrary actions by town officials. They request declaratory judgments annulling any decisions made by the Town Board regarding the tower’s approval.
Andrew J. Campanelli of Campanelli & Associates, P.C., represents the plaintiffs. No attorneys for Elite Towers or individual town officials have been named in the filing. The case is identified as 2:24-cv-08910.