Stephens Media Group’s neighbors up in Rutland, New York, filed suit requesting that the company remedy its violation of a local code -- § 130-48 (E) (1) (g) -- which requires that all radio transmission towers be setback from property lines by 100% of a tower’s height.
After the Jefferson County Supreme Court denied the company’s request to dismiss the case, Stephens Media appealed to the Appellate Division, Fourth Department, which was of the view the lawsuit wasn’t maintainable because the company’s neighbor hadn’t filed the appropriate paperwork with local authorities.
That was a setback.
To view a copy of the Appellate Division's decision, please use this link: Smith v Stephens Media Group-Watertown, LLC .