Vertex drops lawsuit against York over cell tower: Here's why

YORK, Maine — A push to build a cellular facility in York Village has halted for now as a lawsuit from Vertex Towers against the town was dismissed without prejudice.

Vertex argued in its lawsuit the Board of Appeals created an “effective prohibition” against cell service that violated the federal Telecommunications Act of 1996, which intended to help spread cell service across the country. A magistrate judge recommended the suit be tossed this summer, though, deciding in favor of the town.

Monday, York Selectboard members learned Vertex requested the town agree to have the suit dismissed without prejudice. That would allow Vertex to bring the claim back at a later date, according to Town Manager Peter Joseph.

“This indicates that Vertex no longer wishes to press forward on its claims against the town,” Joseph told the Selectboard.

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Vertex indicated in a Sept. 8 motion that a resolution was expected in the case. Attorneys Walter Judge and William Dodge wrote the resolution was expected “in part based on a change in circumstances relative to other recently filed permit applications for wireless telecommunication facilities.”

Another wireless facility is being proposed by AT&T on the York Water District tower at 5 Roots Rock Road. The application was scheduled to go before the Planning Board Thursday to install six-panel antennas on top of the existing tower, which is 71 feet, according to the Planning Board agenda.

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Dodge provided a statement Tuesday that said Vertex “thoroughly disagrees with the town’s legal position” in their suit regarding the First Parish Church property. However, he said, they are aware of opposition to the water tower application and want to see how that process plays out, then reconsider.

“Vertex is exploring its options in light of what happens with the water tank application,” Dodge said.

Town officials have already received letters regarding the AT&T application. Former Selectboard member Torbert Macdonald wrote a letter to Planning Board Chair Wayne Boardman Sept. 24 asking the board to uphold “visual integrity and character requirements” as it considers the application.

“This industrial communications complex destroys the character and integrity of the water tower,” Macdonald wrote to the board.

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Vertex tower project would have helped First Parish Church

Vertex was given permission by the First Parish Church to build the tower in the woods behind the church. It agreed to lease the land to Vertex on the condition it could complete the permitting process.

Roadblocks included the town’s ordinance that required towers to be built in certain overlay districts that do not include York Village. Vertex asked the Board of Appeals to grant a variance to allow the construction but was rejected in 2022, leading to the lawsuit.

Eric Dupee, minister at the church, said the agreement intended to help the town with cell service while receiving a new funding source. Town officials like Fire Chief Chris Balentine have said cell service was needed for first responders, and Dupee said the revenue would have helped the church maintain its historic buildings.

“Those who supported the agreement believed it could be beneficial both to the town in solving the cell service problem and… to the church in that it would provide revenue,” Dupee said.

The church voted 73-13 to approve the lease when Vertex approached them about the land. Some members against the vote have spoken out, like town historian JamesKences, who said the church was treating the land like a “commodity.”

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Meanwhile, Dupee said the church continues to find other funding sources. He said they have applied for a grant recently that allows for extensive repair work of the church steeple.

“We haven’t really processed it at the church yet,” Dupee said of the Vertex outcome. “We’re just sort of seeing what happens.”

This article originally appeared on Portsmouth Herald: Vertex gives up on cell tower plan for church land in York