An attempt to stop a cell tower on Chappaquiddick was dismissed by a state Land Court judge last week, effectively ending the years-long legal challenges on the project.
The long-running courtroom battle lodged by neighbors against a tower on the island has been going on since even before the Martha’s Vineyard Commission approved a permanent 115-foot cell tower in 2017. The tower was erected in 2019, but Chappaquiddick property owners Dana and Robert Strayton have appealed several decisions.
The couple first appealed the commission’s approval of the tower in Superior Court. In March 2021, a judge dismissed the case, saying the Straytons had no standing to appeal, and even if they did, the commission was within its rights to approve the tower.
That Superior Court ruling was then appealed to a higher court, which found no grounds to overturn the case.
The Straytons also filed a suit against the Edgartown planning board in 2018, claiming the special permit the board granted AT&T for the tower violated the town’s zoning regulations. The town pushed to have the tower on the remote island because there was no reliable cell service, a potential public safety concern.
The Land Court ruled in favor of the planning board on Jan. 25 and dismissed the case with prejudice, meaning the Straytons can’t file the claim again with the court.
“[T]he court has adjudicated or dismissed all claims by all parties” in the case, the judge wrote.
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