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NEXTEL v. SPRING VAL ASSESSOR

4 Misc.3d 233 (2004)

771 N.Y.S.2d 853

In the Matter of NEXTEL OF NEW YORK, INC., Petitioner, v. ASSESSOR FOR THE VILLAGE OF SPRING VALLEY et al., Respondents.

Supreme Court, Rockland County.

February 2, 2004.

Attorney(s) appearing for the Case

Patrick J. Raymond, Binghamton, for petitioner.

Bruce M. Levine, Spring Valley, for respondents.

OPINION OF THE COURT

THOMAS A. DICKERSON, J.

Cell Towers are Taxable

The petitioner, Nextel of New York, Inc. asserts that its telecommunications equipment (Nextel's Spring Valley communications equipment) is not taxable real property. The communications equipment consists of 12 antennae in three sectors of 4 each on top of a 110-foot-high steel water tank and are used along with two global positioning devices or timing devices to receive and transmit...

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