Cuddy & Feder partners Christopher B. Fisher and Brendan M. Goodhouse authored an article for the New York State Bar Association’s Municipal Lawyer magazine titled “Do Members of the Public Have a Right to Intervene in Telecommunications Act Cases Involving Municipal Defendants?” They analyze a 2023 Second Circuit Court of Appeals decision restricting resident intervention in TCA cases challenging local wireless project denials. Drawing from their litigation involving ExteNet and the Village of Kings Point, Fisher and Goodhouse discuss:
- Local Permitting Decisions: The District Court clarified that local permitting must adhere to locally legislated requirements, distinct from state and federal standards, to prevent inappropriate hurdles during reviews.
- Preliminary Injunctions: The District Court’s granting of ExteNet’s preliminary injunction motion underscores the role of early motions in expediting TCA case resolutions.
- Adequate Representation Presumption: The Second Circuit upheld the presumption of adequate representation in aligned interests, setting a high bar for intervenors to prove significant inadequacies.
The article offers concise insights for legal professionals navigating TCA litigation and local land use disputes, exploring strategic considerations across federal, state, and municipal law intersections.