N.Y.’s highest state court ruled 6-1 that restrictive covenants i...
N.Y.’s highest state court ruled 6-1 that restrictive covenants in property deeds can’t automatically be set aside to permit construction of a wireless telecom tower. The N.Y. Court of Appeals (Case 04-15) upheld a 1957 restrictive deed covenant on…
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a parcel of land in the town of Pound Ridge that prohibited construction of anything other than single-family homes on the property. Verizon wireless leased a 2,000-sq.- ft. plot in the Stone Hill development to erect a 120-ft. tower. It got approvals from the town and started construction, but neighbors filed suit claiming that a restrictive covenant on the property barred the tower. Verizon argued the covenant must be set aside because the chosen site was the best for providing wireless service. The case wound through the lower state courts, which all upheld the covenant. The state’s high court also upheld the covenant, saying the public interest in wireless service would override the restrictive covenant only if Verizon could have proven that no suitable alternative sites existed for placing its tower.