DOCUMENTS: TLS has learned, that the Lawyer for the Presidential Estates residents, has filed a complaint in court today to fight the Cell Tower placed on the Township property bordering their development. Larry Loigman Esq., filed the complaint in Toms River this morning, and requested a temporary injunction.
The complaint – among several complaints – filed against the Township, and Wireless Edge, the company responsible for the tower alleges, that the cell tower will have substantial adverse impact on the value of the homes in the development.
The antennas for the cell tower installed several months ago, went up this past Friday.
See the attached documents for the full complaint.
I see the only issue raised in the complaint is a financial one and not that of a health issue that so many have brought up by some who had posted in a prior article. I believe that this will eventually be dismissed as the grounds are basically baseless as there are many things this town has on numerous occassions created a situation which brought the down value of existing home in some neigborhoods , so why then is that even a relevant issue with a cell tower construction which is in township prpoerty?
This is all just a waste of time. That tower is not coming down. There is no reason why it should. They are grasping at straws. This will get thrown out very fast. Everyone needs to grow up. If you are so worried about your health, stop eating unhealthy foods. There is more impact on your health directly related to the foods you eat than a cell tower which is perfectly safe
This is all just a waste of time. That tower is not coming down. There is no reason why it should. They are grasping at straws. This will get thrown out very fast. Everyone needs to grow up. If you are so worried about your health, stop eating unhealthy foods. There is more impact on your health directly related to the foods you eat than a cell tower which is perfectly safe
Thank You . Shlomo C.
Now all we need is a light at the entrance.
It appears short and to the point. The first count is what I might call an “inverse condemnation” claim, which would normally result only in an award of damages if all the Plaintiff’s stars aligned. It provides relief in the case of government action that so seriously impacts your real estate values that it could be regarded as a “taking” of property by eminent domain. It’s called “inverse condemnation” because in the normal condemnation suit the government is the plaintiff, where in a claim like this the property owners are the plaintiffs. I think the plaintiffs might have a tough case ahead of them on this claim.
The second claim alleges violation of the public bidding laws. This would not result in any permanent relief, since even if the claim is proven the town can then go through the process of complying with bidding laws and leasing the property to the highest bidder for that purpose.
The third claim alleges violation of the zoning laws, and suggests that the party leasing the site had obligations to go through formal site plan review, instead of the town going through a courtesy review. I don’t know the answer to that one. At any rate, if the town is resolved to lease the space for cell tower usage, the town can likely amend zoning and site plan review ordinances to fit their needs. So, I would see any victory under this claim, if there is to be one, as again temporary.
The significant feature is what IS NOT alleged in the complaint. There is no allegation of health risks, which is what much of the comments in previous postings of this topic centered around.
the complaint is for the cheating the township is doing and has done. the sneaky ways must stop. they leased this tower illegally! this should scare us all.
I would believe some of this if you can honestly say that nobody in this development uses a cell phone. Which is put to your ear? And nody seems to complain how there are hundreds of houses built in such a small area that brings down property value. So many house that none of them have yards? But these will be the first people who complain when they don’t have good cell service? Worry about REAL issues.
the issue is loss of home value. the township stuck it to the people again!
I think the Presidential Estate lawyer will win. This case seems pretty strong, and I wish them sucess.
I hope the Township will not fght this as they have already thrown these resdents under the bus by making them get a lawyer and not looking for ways to get out of the contract after confessing it was a mistake. Even Bob Singer at the Township meeting said it was a mistake. Let’s hope we don’t waste too much money on fighting our own townspeople for a mistake they shouldn’t have to pay for.
I see there is a differance of oppinion here as to whether this cell tower will remain or not, If by slim chance the court does side with the argument for removal based on lowering property values,that will open the door to many concerns that other issues that take place in neighborhoods that would be deemed to lower property values would then have to be a consideration for approval .
Can we get a comment from the townshiip committee?
The Township better get Bathgate on this or they are in big trouble. They may have to breach a very costly contract. They may have some ideas but they must be ready for a lawsuit from the wireless co. as well.
i thiink they have a strong chance of winning as they have a great lawyer, Larry Loigman presented me in a case and he was honest and did a great job — yes i won.
Interesting how Presidential residents were happy when their property assessments went down earlier this year resulting in their paying lower taxes.
Al Tidaig! Settle down.
Why do some think this is a Presidential fight? This is more a fight against the Township for their underhanded ways of dealing with the town. I would like to chip in for the expense of the attorney. Where can I send money?
to 14 says
this is nothing new in Lakewood , have been doing this for years ,it alll about the $$$$$$$$$$$$$$$
In my oppinion there is no case here to have this tower removed unless they can prove its a health hazard and there is no data to support that ,the true health hazard is driving while on your cell phone ~ pleanty of data to support that and thats why its illegal!!! saying it reduces property value is a very week argument as that was never a concern allowing other things in single family neigborhoods
Courtesy review means a regular review but the town doesn’t get billed.
Not as the “Lawyer” mistakenly understood to be a cursory review
18: actually this should be moved because the township made a HUGE mistake. it should be treated as though it was never put up.
19: actually a courtesy review means a formality and NOT a full review! it does not get more than one review! and the planning board cannot vote it down.
with more and more families depending on cell service alone and not having land lines , this issue is not going to go away soon .Everyone wants the benifits of technology ,but “not in my Back Yard” mentality put it some where else . Part of the problem is you just can’t locate the towers for these antenas any where they need to be stratigically located to cover the area that need s the added service.
between myself and my friends in south Lakewood, we all have and had great service to date. there was NO NEED for the tower. rather it was the township putting out a RFP (which no other town ever did) for someone to cover some expense or need of a committeeman. Every other town in the world fights cell companies from putting cell towers in stupid places and our township asks them to come and build it.
Why is page ten abt loading a gun??
Quote “between myself and my friends in south Lakewood, we all have and had great service to date”
do you use the services of the company that is putting up this tower?
if not the fact you have great service is Irrelevant .every company has its own antenas & network ,some however share towers