Notwithstanding all of the posturing and puffery of their attorneys, when wireless companies file local applications seeking to install Cell Towers or Cell Antennas, local governments remain vested with both the power, and the obligation, to enact and enforce local zoning laws in such a manner as to protect their citizens.
That power encompasses the ability to enact and enforce all ordinances rationally related to protecting their citizens and their communities from virtually any potential adverse impacts which the installations of Cell Towers or Cell Antennas might create, other than the potential adverse health impact of the RF emissions which would emanate from such towers or antennas.
It also includes both the power and the obligation to accept and take into consideration, objections from their citizens and nearby property owners, and the power to deny wireless company's applications where there is a legitimate and legally recognizable basis for such a denial.
At Campanelli & Associates, P.C., we offer experienced representation to local governments which are desirous of invoking their powers to protect their citizens, and the public, from the potential adverse effects of Cell Towers and/or Cell Antennas, through the enactment and enforcement of local zoning ordinances.
As a seasoned litigator with nearly 20 years of experience, our principal, Andrew J. Campanelli leads our team in offering experienced legal representation to local governments across the nation.
Lead by him, our legal team offers drafting guidance to local governments which are seeking assistance in enacting zoning ordinances which govern the installation of Cell Towers and Cell Antennas, to ensure the protection of their citizens and the general public.
We also offer legal defense to local governments nationwide, in the event they are sued by a wireless company, as a result of
- (a) having denied an application to install one or more Cell Towers or antennas, or
- (b) having failed to render a determination prior to the deadline imposed by the FCC's "shot clock" [See our Q&A Section for details], or
- (c) because of the local government having enacted local regulations or ordinances which govern or restrict the installation of Cell Towers or Cell Antennas.
Whether it involved a single case, or where a local government has asked him to assume the prosecution of over 1,400 new cases simultaneously, Mr. Campanelli has answered the challenge, with remarkable results.1
In 2002, the County of Nassau in New York retained Mr. Campanelli to assume the prosecution of over 1,400 pending civil forfeiture actions which had been commenced under a local DWI seizure program. In his first year of handling the County's cases while simultaneously maintaining his existing litigation practice, Mr. Campanelli disposed of over 1,000 of the County's civil cases, with a 99% success rate.
In disposing of over 1,000 of the County's cases within the first year of the firm having been retained by the County, Mr. Campanelli increased the rate of disposition of the County's civil cases by one thousand five hundred percent (1,500%). [See Graph]
Simultaneously, Mr. Campanelli increased the revenues being generated by the County's civil forfeiture program by one thousand eight hundred percent(1,800%). [See Graph]
1 [Prior results do not guarantee a similar outcome]