NextG war rages on

NextG Networks filed a motion in New York State Eastern District Court on Oct. 21 to dismiss a lawsuit filed by the Merrick Gables Association against NextG, the Town of Hempstead and cell phone provider Metro PCS.

The Merrick Gables Association and a group of Nassau County residents filed suit in late August after months of frustration with cell phone antennas and 40-foot-tall poles that were installed near homes and schools, on town-owned public rights of way, by NextG Networks, a wireless frequency provider contracted with Metro PCS in Nassau County.

The town agreed to work with NextG after it was determined that the New York State Public Service Commission had designated NextG as a public utility. As such, the company is governed by the Federal Telecommunications Act of 1996, which allows it to install structures without adhering to local zoning regulations.

Robert Delsman, a NextG spokesman, said the company does not discuss ongoing litigation. In the motion to dismiss, NextG attorneys argued that the plaintiffs have failed to prove that installation of antennas equated to an unconstitutional taking of property and that NextG's actions constituted fraud, breach of contract, negligence and nuisance. NextG's attorneys also claimed that the plaintiffs failed to satisfy basic pleading requirements.

Glenn Stephenson, lead attorney for the Merrick Gables Association, called the motion to dismiss a common legal tactic and said, "I am confident the case will not be dismissed." He said he expects the suit to come to a resolution within two years.

In a written statement, Town of Hempstead spokeswoman Susan Trenkle-Pokalsky said, "While we will not comment on the specifics of this pending litigation, Hempstead Town has continued to work aggressively with NextG to relocate their communication boxes which have been placed in the vicinity of local homes.”

A Metro PCS spokeswoman said the company does not comment on pending litigation.

Meanwhile, a small group of local residents who chose not to join in the lawsuit picketed outside a Metro PCS store in Westbury on Oct. 23. Six people, including South Merrick Community Civic Association President Joe Baker, North Merrick Community Association President Claudia Borecky and County Legislator Dave Denenberg, a Democrat from Merrick, who is up for re-election, showed up wielding signs that read, "Say no to Metro."