Verizon Wireless Westford Site CU & SP
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Vermont Superior Court Environmental Division ====================================================================== ENTRY REGARDING MOTION ====================================================================== In re: Verizon Wireless Westford Site CU & SP, Docket No. 49-4-11 Vtec Project: Duffy Hill Road Tower Site Applicant: NYNEX Mobile Ltd Partnership and Cellco Partnership, d/b/a Verizon Wireless ( Verizon Wireless ) Title: Motion to Dismiss (Filing No. 1) Filed: June 9, 2011 Filed By: Brian Sullivan, Attorney for Verizon Wireless Response in Opposition filed on 06/22/11 by Appellant Randy J. Bishop. _X_ Granted ___ Denied ___ Other Appellee has moved to dismiss this appeal, filed by Mr. Bishop, for lack of participation in the municipal proceeding below. The applicable facts presented appear undisputed: Mr. Bishop did not participate, either in person or in writing, in the municipal proceedings concerning Appellee s application. Since participation is a prerequisite for an appeal before this Court, Mr. Bishop s lack of participation precludes this Court s jurisdiction over his appeal. In general, only interested persons as defined in 24 V.S.A. § 4465(b) who have participated in the municipal proceeding below may appeal that determination to this Court. See 10 V.S.A. § 8504(b)(1). An appellant who fails to participate within the [municipal] proceeding, lacks standing to appeal. See In re Verizon Wireless Barton Permit, 2010 VT 62, ¶ 14. We are saddened to learn of Appellant s mother s illness. But Appellant has failed to explain why circumstances prohibited him from submitting a brief letter of his concerns to the Town of Westford DRB. Even a brief expression of his concerns about Applicant s project would have qualified as participation , as that term is defined in 24 V.S.A. § 4471(a). For all these reasons, we conclude that Appellant s failure to participate in the DRB proceeding forecloses this Court s jurisdictional authority to hear his appeal. Appellee s motion to dismiss is therefore GRANTED. ___________________________________________ ___June 23, 2011___ Thomas S. Durkin, Judge Date ====================================================================== Date copies sent to: ____________ Clerk's Initials _______ Copies sent to: Appellant Randy J. Bishop Brian Sullivan, Attorney for Appellees NYNEX Mobile Ltd Partnership and Cellco Partnership d/b/a Verizon Wireless Interested Person Town of Westford
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