A federal judge has ordered the Village of Chestnut Ridge to approve T-Mobile's proposed 105-foot monopole at the Fred Eller American Legion Post 1447 property at 221 Saddle River Road, while siding with the Village on several of the most serious accusations T-Mobile made in its lawsuit, including its claim that the Village illegally denied the tower out of fear of radio-frequency emissions.

In a decision issued September 16, U.S. District Judge Vincent L. Briccetti ruled for T-Mobile on three of the seven claims in its lawsuit. The court ruled for the Village on two, dismissed one, and sent the last, a dispute over application fees, toward trial. The court awarded T-Mobile no money damages and no attorney's fees, although T-Mobile had asked for both.

“Our residents came to meeting after meeting and told us this tower didn't belong next to their homes. We listened, and we stood with them,” said Mayor Sam Presti. “T-Mobile went to federal court and accused this Village of breaking the law in how it treated health concerns, how it treated T-Mobile, and how our zoning code is written. The judge rejected every one of those accusations. On the tower itself, federal law gives the cell companies enormous power, and the court applied that law. We respect the decision. We don't regret fighting for our residents.”

Accusations the Court Rejected

In its lawsuit, T-Mobile dismissed residents' objections as “unfounded fears” and accused the Village Board of having “capitulated” to opposition by denying the tower over radio-frequency health concerns, which federal law does not allow. The court disagreed, finding that the Village properly kept those concerns out of its decision.

T-Mobile also asked the court to strike down the Village Code's standards for utility structures, arguing they were so restrictive they amounted to a ban on wireless service. The court refused, finding that the Village's rules, which require an applicant to show a public need and that the project fits the surrounding neighborhood, are a legitimate use of traditional zoning factors like aesthetics and property values. Those rules remain fully in force for every future application.

The court further ruled for the Village on T-Mobile's claim that it had been treated unfairly compared with other carriers, a claim T-Mobile ultimately abandoned. It rejected T-Mobile's argument that the Village was legally bound to approve the tower because a similar project had been approved more than a decade earlier, and it dismissed T-Mobile's claim that the Village's land-use boards unlawfully delayed the application. T-Mobile had agreed several times during the review to extend the federal deadline.

Federal Law Sharply Limits Local Control

On the tower itself, the court applied the federal Telecommunications Act of 1996, which gives local governments very little room to block a wireless facility. Under that law, any denial must be backed by technical evidence, such as a competing engineering study or appraisal, that outweighs the carrier's expert reports. Residents' letters and testimony are generally not enough on their own. The court found that this standard was not met and that the denial effectively prohibited wireless service in the area, and it directed the Village to issue the approvals and permits by October 16, 2026.

Courts across New York have reached the same result against municipalities many times under this law, including the Town of Ramapo in a 2009 T-Mobile case the judge relied on in this decision.

A Full Public Review

T-Mobile applied in 2021. Between April 2022 and May 2023, the Village Board, Planning Board and Zoning Board of Appeals held public hearings and workshops, brought in independent engineering consultants, and required T-Mobile to evaluate alternative locations proposed by residents and Village officials before the Village Board voted to deny the application.

Insurance Covered Legal Costs

The Village's insurance carrier paid the cost of defending the case, apart from a $5,000 deductible paid by the Village, keeping the cost to taxpayers to a minimum.

What Comes Next

T-Mobile is also seeking the return of the application and consultant review fees it paid during the process. The court found factual disputes on that claim and did not rule in T-Mobile's favor, and it scheduled a conference for November 18, 2026. The Village maintains that its fees were proper.

Village officials said they will keep residents informed as the case moves forward and will continue to use the Village's zoning rules, which the court left intact, to protect the residential character of Chestnut Ridge's neighborhoods.