The Massachusetts Appeals Court has upheld a lower court ruling that dismissed a legal challenge to a 115-foot cell tower on Chappaquiddick, effectively extinguishing further legal avenues in the long-running case.
The Martha’s Vineyard Commission approved the cell tower in 2017 after reviewing it as a development of regional impact (DRI). The tower went up in 2019.
Chappaquiddick property owners Dana and Robert Strayton appealed the MVC decision in superior court, claiming that the tower had an adverse impact on their views, safety and property values.
A bench trial was held in October 2020. The MVC, landowner Robert Fynbo (who leased his land for the tower) and AT&T were defendants in the case.
In March 2021 a superior court judge dismissed the case, saying among that the Straytons had no standing and that even if they did have standing, the commission was well within its jurisdiction to approve the tower.
The Straytons appealed that ruling to the higher state court.
In a five-page decision dated April 6, a three-judge panel found no grounds to overturn the lower court ruling, both on the matter of standing and on the merits.
“The trial judge issued a thorough and detailed written memorandum of decision,” the ruling said in part.
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