Milton cell tower case dismissed

January 30, 2024 18

A Delaware Superior Court judge has dismissed a Milton resident’s appeal of a land lease agreement that allows Verizon to build a 140-foot cellphone tower on Front Street.

In a Jan. 25 ruling, Judge Mark Conner said Milton resident Steve Crawford’s appeal was untimely and ruled in favor of the town’s planning and zoning commission, the named defendants in the case.

The case dates back to December 2019, when town council approved a land lease agreement with Verizon that would allow the company to build a new tower at the town’s public works yard at 210 Front St. The justification from Verizon is that a freestanding tower is the best way to provide improved coverage in the Milton area.

Plans for the tower immediately became controversial in Milton, with citizens saying a tower would be an eyesore in what the comprehensive plan calls a gateway to the town, and because the tower would reside in a flood zone.

A special-use permit was granted in March 2021, which was appealed by resident Barry Goodinson a month later. Council affirmed the permit in August 2021. Preliminary site plans were approved by planning and zoning in November 2021. That approval was also appealed, this time by resident Allan Benson. Town council again ruled in Verizon’s favor.

Council approved final site plans for the tower in March 2023. Crawford appealed final site-plan approval to Superior Court in April 2023.

Crawford, who represented himself, said in his legal filings that Verizon initially wanted to use the Chandler Street water tower to improve service. However, he said, the town opposed the idea and offered the current location on Front Street. Crawford said from the time Verizon made its first presentation to council in March 2019 until December 2019, when the land lease agreement for the Front Street property was executed, there were no public hearings on the agreement.

Scott Wilcox, representing the planning and zoning commission, filed a motion to dismiss the appeal, arguing that if Crawford was appealing the land lease agreement, it would need to be filed within 30 days of council approval. In this case, the land lease agreement was approved in December 2019 and the appeal was not filed until April 2023. Wilcox argued there are no exceptional circumstances to warrant Crawford waiting so long to file his appeal. He also argued that Crawford did not exhaust all his administrative remedies by not appealing first to town council before the court.

In his ruling, Conner agreed with the town, saying that it is clear that Crawford is appealing the land lease agreement, not the final site-plan approval, and the time to appeal that agreement has passed. While Conner acknowledged Crawford’s claim that the town crafted the land lease agreement behind closed doors, it was discussed and passed in a properly noticed public hearing.

What happens from here is still up in the air. Crawford could appeal the ruling to Delaware Supreme Court. If he chooses not to, the project will move forward. Crawford said he is reviewing any other possible legal options.