Subject:  Lawsuit initiated over cell phone mast installation (fwd)
Date:     Sat, 13 Jun 1998 040043 -0500 (CDT)
From:     "Roy L. Beavers" <rbeavers@llion.org>
To:       emfguru@hotmail.com
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---------- Forwarded message ----------
Date: Fri, 12 Jun 1998 23:05:48 EDT
From: Nucmedinc@aol.com
To: rbeavers@llion.org
Subject: Lawsuit initiated over cell phone mast installation

Roy,
  Chris Beaver asked me to outline a lawsuit initiated by the residents of
Wall township, NJ against The Mayor and Township Committee and Bell Atlantic
Mobile.
Bell Atlantic is installing a cell phone mast in the most densely populated
area of ou township.  I live approximately 60 feet from there and others are
closer. 
     The suit was initiated due to violation of our rights to due process by
failing to make application to the appropriate municipal agency for approval
of a variance with regard to construction and development of the site and to
hold a public meeting  concerning the same.
     We requested that the application be placed before the appropriate
municipaL agency in an open public meeting with legal notice to the public,
real property owners within 200 ft. of the site.  The township refused.
     We requested Bell Atlantic cease development and construction at the site
until the above takes place and they refused.
     We have demanded judgement and immediate relief:
     A) Restraining and enjoining Bell Atlantic and its employees of
contractors from performing any further construction, development or
operation.
     B) That the lease be declared null and void due to failure to make proper
application to Zoning Board with legal notice and to hold public meeting.
     C) Continued constuction at the site without legal approval of a variance
violates  the NJ Land Use Law and the NJ Open Public Meetings (Sunshine Law)
violating the due process rights of the plaintiffs and residents.
     D) Requiring Township to withdraw any building or construction permits
     E) Enlargement of time period for filing of complaint
     F) For award to plaintiffs of reasonable attorney's fees and costs of
suit and other relief deemed appropriate.

     I would like to add to this brief summary that at the last public meeting
the Township Committee stated that they have requested that Bell Atlantic
withdraw from the contract as a good neighbor and to negotiate another more
appropriate site.  We have not yet heard from Bell Atlantic and are continuing
with the suit.
At this point we are becoming concerned about legal costs.  Any legal or
monetary assistance would be greatly appreciated.  I'll keep you posted.

                                                              Sharon Aronis
 



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Reprinted with permission of Roy Beavers, http://www.feb.se/EMF-L/EMF-L.html