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CELLULAR TEL CO v. TARRYTOWN

209 A.D.2d 57 (1995)

Cellular Telephone Company, Doing Business as Cellular One, Respondent, v. Village of Tarrytown et al. Appellants

Appellate Division of the Supreme Court of the State of New York, Second Department.

March 13, 1995

Attorney(s) appearing for the Case

Jeffrey S. Shumejda, North Tarrytown, for appellants.

Cuddy & Feder, White Plains (William S. Null of counsel), for respondent.

MANGANO, P. J., BALLETTA and MILLER, JJ., concur.

SULLIVAN, J.

The instant controversy poses the question of whether a municipality may enact a moratorium prohibiting the use of property for the enhancement of cellular telephone service based solely upon a scientifically unfounded public perception that such use will create adverse health risks to those residents in the surrounding community. We answer this question in the negative.

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