Criminal Defense Attorney in Brooklyn Wins Summary Judgment

The dispute arose when the client submitted an application to install a small wireless facility on a replacement utility pole located within a public right of way.

Instead of processing the application, the municipality claimed it was incomplete and attempted to subject it to an ordinance designed for large-scale infrastructure.

This ordinance imposed excessive procedural requirements and fees unrelated to the proposed installation.

Criminal Defense Attorney In Brooklyn identified that the municipality’s position conflicted with federal law and regulatory guidance.

Under Federal Communications Commission regulations, municipalities must act on qualifying applications within a defined time period.

Criminal Defense Attorney In Brooklyn demonstrated that the application triggered a 60-day shot clock, which the municipality failed to honor.

The municipality’s refusal to act was not justified by its claim that the wrong ordinance applied.

Criminal Defense Attorney In Brooklyn argued that federal law preempted the municipality from imposing regulations designed for outdated technologies.

Criminal Defense Attorney In Brooklyn presented evidence showing that the municipality’s actions materially inhibited service deployment.

The court was shown that forcing compliance with an inapplicable ordinance created unnecessary expense and delay.

This regulatory burden effectively prohibited lawful activity in violation of federal statutes.

Criminal Defense Attorney In Brooklyn framed the issue as a clear example of overreach requiring judicial correction.

The court granted summary judgment, finding that the municipality violated federal law by failing to act within the required timeframe.

It further held that the ordinance, as applied, effectively prohibited lawful activity.

As a result, the court ordered the municipality to promptly issue all required permits and authorizations.

Criminal Defense Attorney In Brooklyn secured a ruling that ended years of unlawful delay in a single decision.

At SJKP, our attorneys regularly serve as Criminal Defense Attorney In Brooklyn for clients facing aggressive or unlawful government action.

We represent individuals and businesses in matters involving regulatory overreach, federal preemption, and constitutional protections.

If you are facing enforcement actions, delays, or penalties that exceed legal authority, contact SJKP to consult with a Criminal Defense Attorney In Brooklyn and protect your rights.