Ocean city residents sue over approved verizon cell tower near bay avenue

A group of Ocean City residents has filed a lawsuit seeking to block a Verizon wireless tower project, arguing the city’s approval process violated zoning laws and deprived neighbors of a fair hearing.

Several Ocean City property owners have filed a lawsuit in Cape May County Superior Court challenging the approval of a proposed Verizon wireless telecommunications tower at 3308 Bay Avenue. The complaint, filed Monday, names the City of Ocean City, the Ocean City Planning Board, and Verizon Wireless-related entities as defendants.

The plaintiffs, who live near the proposed site, are asking a judge to invalidate a recently adopted city ordinance and overturn Planning Board approval for the project. Court records show the lawsuit was filed as an action in lieu of prerogative writs, a legal mechanism commonly used to challenge municipal land-use decisions.

Residents challenge ordinance and approval process

According to the complaint, Verizon sought to construct a wireless communications tower in Ocean City after the company identified a service gap in the area. The lawsuit alleges the city later adopted Ordinance 25-01 and entered into a settlement agreement that paved the way for the proposed facility at 3308 Bay Avenue.

Plaintiffs contend the ordinance improperly limits eligible telecommunications tower locations to city-owned property and lacks sufficiently clear standards governing when a tower may be approved. They argue those provisions make the ordinance invalid under New Jersey land-use law.

The complaint further alleges the Planning Board approved Verizon’s application without conducting an adequate independent review of whether existing structures could accommodate the company’s communications needs. Plaintiffs claim the board relied on generalized testimony rather than detailed factual findings.

Lawsuit alleges spot zoning and due process violations

A second major claim centers on allegations of unlawful spot zoning. The lawsuit argues the ordinance effectively favored a predetermined site at 3308 Bay Avenue rather than establishing a neutral framework applicable throughout the city.

Residents also allege they were denied meaningful notice and an impartial review process because decisions regarding the tower location were effectively made before the public hearing occurred. The complaint cites a settlement agreement between the city and Verizon as evidence that the project had been largely predetermined.

In addition, plaintiffs assert violations of the New Jersey Civil Rights Act, claiming the approval process interfered with their procedural due process rights regarding zoning protections affecting their neighborhood.

Plaintiffs seek court order blocking project

The lawsuit asks the court to declare Ordinance 25-01 invalid, vacate the Planning Board’s approval of Application PBA 26-003, and prevent construction or site disturbance associated with the proposed tower while the case is pending.

Court filings indicate the residents are also seeking attorney’s fees, costs, and other relief deemed appropriate by the court. No response from the defendants had been filed at the time the complaint was submitted.

Key Points

• Ocean City residents filed a lawsuit challenging approval of a Verizon telecommunications tower at 3308 Bay Avenue.
• Plaintiffs argue a city ordinance and Planning Board approval violated New Jersey land-use requirements.
• The suit seeks to block construction and overturn approvals granted for the proposed project.

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