A Virginia-based real estate developer is taking steps to dismiss a lawsuit concerning a proposed cell tower removal in north Boulder. The company, MJF 2801 Jay Road Development LLC, is facing legal action from New Cingular Wireless, a subsidiary of AT&T, which claims the removal of the tower is detrimental to local cell service and emergency communications.
The lawsuit revolves around a planned apartment complex along Jay Road, which would necessitate the cell tower’s removal. New Cingular Wireless, which previously owned the tower, now leases space on it from Barracuda Towers. The property where the tower is located is owned by Margaret Freund, the developer and registered agent of Jay Road LLC. The ongoing case is presided over by Judge Charlotte Sweeney.
In its motion to dismiss, Jay Road LLC argues that the two additional claims added by New Cingular Wireless are attempts to “manufacture jurisdiction” to keep the case alive. These claims include a request for declaratory judgment and allegations of tortious interference, which refers to intentionally harming a business relationship. Jay Road LLC asserts that these claims lack merit, stating, “These efforts are unavailing,” according to court documents.
New Cingular Wireless has claimed that it lacks standing to pursue these claims because it no longer owns the tower. The company argues that if Barracuda Towers loses its lease, the sublease rights of tenants would also be affected, similar to typical tenant eviction scenarios. Freund commented to the Daily Camera last month about the implications of the lawsuit on subtenants.
The cell tower, located at the north end of the parking lot of City Church, has been providing essential service for nearly two decades. An AT&T spokesperson emphasized the importance of the tower, stating, “We sought this emergency order to protect the vital wireless connectivity that thousands of Boulder County residents, businesses, and public safety agencies rely on every day.”
The Boulder City Council unanimously approved an annexation related to the development in 2024. The proposed project is set to include 84 units, with 40% designated as permanently affordable housing.
This legal battle highlights the ongoing tension between urban development and the need for reliable telecommunications infrastructure. As the case unfolds, the implications for both developers and residents of Boulder remain significant.
