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Judge Ruling Paves Way For Cell Tower In Lakewood

LAKEWOOD — A U.S. federal judge has ruled in favor of a company that has long sought to build a cell tower in the village of Lakewood.

On Wednesday, Federal District Judge William K. Sessions III granted summary judgement to Upstate Tower Company LLC in the latest in a series of lawsuits that had been filed over the past several years regarding the proposed cell tower project. In granting Upstate’s motion, the village will be required to issue the variance and/or special use permit necessary to allow the installation of an 180-foot cell tower within 45 days.

Upstate has proposed building the tower on the Lakewood Fireman’s Grounds, located to the south of East Summit Avenue between Woodlawn and Linwood avenues.

The village has 30 days to file an appeal with the U.S. District Court for the Western District. However, some current members of the Lakewood Village Board have spoken in the past of their support for the tower project.

In an op-ed that ran in The Post-Journal in March 2017, then-Trustees Randy Holcomb and Ellen Barnes noted the inevitability of a cell tower coming to the village. They said rent would be paid to the Lakewood Fire Company, “which will go a long way to assist in funding future fire equipment.”

In their op-ed, the pair continued: “Even though the cell tower would be located on fire department tax exempt property, the cell tower is taxable and would increase the overall taxable assessment of the Village of Lakewood, which would reduce the village tax rate.”

Holcomb is now the mayor of Lakewood, with Barnes as a trustee and deputy mayor.

The summary judgement and steps moving forward on possible construction is expected to be brought up during a Lakewood Village Board meeting Monday, Jan. 27.

The first application by Upstate for a cell tower in Lakewood was filed in 2015.

This story will be updated.

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