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Cuddy + Feder Obtains Second Circuit Victory for Homeland and Verizon in Cell Tower Zoning and Permitting Case

Second Circuit’s first ever ruling that an “effective prohibition claim” was made for a new tower paves the way for filling significant service gap in East Fishkill area

White Plains, NY, Nov. 12, 2015 – Cuddy + Feder LLP announced a victory on behalf of client Homeland Towers LLC and its tenant Verizon Wireless in obtaining permits for a 150‘ tower in the Town of East Fishkill, New York. On Nov. 10, 2015, the Second Circuit Court of Appeals affirmed the District Court’s Jan. 30, 2015, decision striking down the Town’s denial of Homeland and Verizon’s application. The tower is proposed by Homeland Towers and will be used by Verizon Wireless to provide reliable wireless services to the public along the Taconic State Parkway, as well as to commercial and residential areas of the community.

Cuddy + Feder LLP served as lead counsel. Attorneys Christopher B. Fisher, Anthony B. Gioffre, III, Andrew P. Schriever and Anthony F. Morando supported the zoning process and led the litigation team that resulted in a Federal Court decision issued by the US District Court for the Southern District of New York on Jan. 30, 2015. The District Court struck down the Town’s denial of Homeland and Verizon’s application under Section 332(c)(7) of the Telecommunications Act [TCA] and ordered the Town to issue any and all zoning and other permits for the facility within 30 days. Despite the District Court’s order, the Town refused to issue the required permits and instead, appealed the decision to the US Court of Appeals for the Second Circuit.

The Second Circuit, in affirming the District Court’s decision, adopted its reasoning and found the District Court “properly granted summary judgment in favor of Verizon and Homeland on their claim that the Town’s denial of their application constituted an effective prohibition of wireless services in violation of the TCA.” This decision is precedent for Section 332(c)(7) effective prohibition claims under the TCA and provides the first Second Circuit guidance in ruling there were significant gaps in service under the TCA.

“We are thrilled that the Second Circuit adopted Homeland and Verizon’s position regarding the significance of the service to be provided, looking at the gap’s physical size, the number of wireless users affected by the gap, the location of the gap, drop call or failure rates and other real metrics associated with providing reliable wireless services to the public. This is a critical advancement of the law, particularly when it comes to regulatory barriers to services being provided in all wireless infrastructure scenarios including towers, oDAS, small cells, whether it be coverage or capacity situations,” said Mr. Fisher.

“This case is also significant because the District Court decision was the first time that a Federal Court applied the Spectrum Act in the context of a new tower application. Congress passed the Spectrum Act to overcome bureaucratic delays in collocation of wireless infrastructure deployment, and the Court properly ruled it could not be used as a basis to deny a new tower application.”

About Cuddy + Feder

Cuddy + Feder LLP was founded in 1971 by William V. Cuddy and Robert Feder. The firm has offices in White Plains, Fishkill and New York City, as well as Stamford, CT and focuses its practice on Land Use & Zoning, Litigation, Real Estate/Transactional, Corporate, Private/Public Financing, Telecommunications Law, Environment & Sustainability, Trusts, Estates & Elder Law.

Cuddy & Feder's Eon Nichols and Anthony Luisi speak on Commercial Real Estate Law at the New York City Bar Center

On October 2, Eon S. Nichols and Anthony P. Luisi presented on the topic of Commercial Real Estate Law to the attendees of the Bridge The Gap CLE program at the New York City Bar Center in Manhattan. During the program, Mr. Nichols highlighted several transactional issues that arise during the purchase and sale process while Mr. Luisi discussed litigation risks and New York case law. The seminar is the third time Mr. Nichols and Mr. Luisi have been asked to speak at the New York City Bar Center.

For additional information please visit http://www.nycbar.org/cle

Nine Cuddy & Feder Attorneys Recognized by Super Lawyers in 2015

Cuddy & Feder LLP is pleased to announce that nine of its attorneys have been selected by Super Lawyers to be among the top lawyers in the areas of Business Litigation, Communications, Estate Planning & Probate, Elder Law, General Litigation, Land Use/Zoning and Real Estate.

From the White Plains office, managing partner Joshua E. Kimerling in Business Litigation, partners Christopher B. Fisher in Communications, Joshua J. Grauer in General Litigation, Eon S. Nichols in Real Estate, William S. Null in Land Use/Zoning, Neil T. Rimsky in Elder Law and special counsel Leslie Levin in Estate Planning & Probate all made the cut as top attorneys in their respective fields, while associate Anthony P. Luisi in Real Estate garnered coveted placement in the prestigious 2015 Rising Star ranking. Partner Jennifer L. Van Tuyl, representing Cuddy & Feder’s Hudson Valley office, was also named a 2015 Super Lawyer and earned a spot in both the Top 25: 2015 Women Upstate New York Super Lawyers and Top 25: 2015 Hudson Valley Super Lawyers listings.

These hard-earned distinctions demonstrate the firm’s broad breadth of expertise and overall commitment to superior service and the legal profession.

Super Lawyers is a rating service of outstanding lawyers from more than 70 practice areas who have attained a high-degree of peer recognition and professional achievement. Selections are announced annually in August and its 2015 list of Super Lawyers was just released.

For additional information please visit www.superlawyers.com

U.S. News & World Report names Cuddy & Feder in its 2015 Best Law Firms list

Cuddy & Feder LLP has again been named as one of the nation's Best Law Firms by the annual ranking survey performed by U.S. News & World Report and the Best Lawyers survey group. Each year, this prestigious survey reviews and ranks 12,000 law firms.

For additional information go to bestlawfirms.usnews.com

Nine Cuddy & Feder Attorneys included in the list of Super Lawyers

The SuperLawyers attorney ranking survey has selected 9 attorneys from Cuddy & Feder LLP. The selected attorneys are Robert Feder, Christopher Fisher, Joshua Grauer, Joshua Kimerling, Leslie Levin, Eon Nichols, William Null, Neil Rimsky and Jennifer Van Tuyl.

For additional information go to www.superlawyers.com

Best Lawyers selects 3 Cuddy & Feder attorneys for their 2015 list

The 2015 Best Lawyers national survey has reviewed the peer rankings of the nation's best attorneys, and have included Cuddy & Feder attorneys Robert Feder, Joseph Carlucci and Neil Rimsky in their list. Best Lawyers is the oldest peer review survey of attorneys in the United States.

For additional information go to www.bestlawyers.com