NEW ORLEANS -- Cellco Partnership d/b/a Verizon Wireless filed a federal complaint on July 22 in the U.S. District Court for the Eastern District of Louisiana against Terrebonne Parish Consolidated Government and the Houma Board of Adjustment over rejection of a cell tower.
According to the complaint, Verizon is suing over the unlawful denial of its application to construct a wireless telecommunications facility on real property located in Terrebonne Parish.
Verizon cites the Telecommunications Act of 1996 which expressly precludes and preempts certain state and local action inconsistent with goals in favor of rapid deployment of wireless communications infrastructure in order to facilitate providing wireless services to the public.
Verizon alleges that the Board's denial of Verizon Wireless’s proposed facility was not supported by substantial evidence and effectively prohibits the provision of personal wireless service in the vicinity of the proposed facility, and therefore violated the Communications Act of 1934 as it was amended by the Telecommunications Act of 1996.
Verizon seeks for the court to hold an expedited hearing and issue an injunction holding that Defendants violated the Telecommunications Act. Verizon is represented by Jon F. Leyens, Jr. and Kennard B. Davis of Baker, Donelson, Bearman, Caldwell and Berkowitz, P.C.
U.S. District Court Eastern District of Louisiana case number 2:21-cv-01402-MLCF-DMD