Telecommunications Litigation

Get to the best solution with out-of-the-box thinking.

In court and out, our innovative advocates find leverage that brings adversaries to the table, and outcomes that provide unexpected value. Downs Rachlin Martin brings the full force of its knowledge and experience to telecommunications project and regulatory litigation. Downs Rachlin has represented its clients to preserve challenges from third parties to land use permits and rights to access and develop real estate in Vermont and New Hampshire. This has led to key decisions to define the scope of permitting. Downs Rachlin has also crafted settlement agreements in difficult situations to avoid lengthy proceedings to pave the way for project completion, regulatory approvals and deadline maintenance.

You are our most important collaborator.

Downs Rachlin’s telecommunications attorneys work closely with those in the Litigation Service Area to prepare witnesses in advance of difficult depositions and cross-examinations, often a key ingredient in determining the outcome of a proceeding. And Downs Rachlin prides itself on ensuring that key filings are made on time, and with the level of professionalism that our clients have come to expect for our siting, regulatory and land use permitting submissions.

Recent Accomplishments

With the right team in your corner, almost anything is possible. Here are some examples of recent accomplishments:

  • Reached a settlement with lender to preserve value of land-based telecommunications assets and continued operation of critical networks.
  • Obtained a ruling from Vermont Supreme Court to limit scope of adjoining property owner representation in siting proceedings involving new tower construction.
  • Secured a decision from Vermont Environmental Court preempting application of a 1,500 feet setback rule to the siting of wireless facilities based on concerns over property values and radio frequency emissions.
  • Prevented injunctions from issuing that would prevent construction access to new facility based on overburdening of easement theory.
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